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New Jersey Domestic Workers Gain Protections

25 Feb

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Update Applicable to:Effective date
All employers with a covered domestic worker in New JerseyJuly 1, 2024


What happened?

On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers.


What are the details?

The law now defines domestic worker as any worker (employee or contractor, full, part time, or temporary) who:

  • Works for one or more employers.
  • Works in residence.
  • Provides one or more of the services mentioned (See list here)
  • It excludes some individuals like (See list here)
  • A family member, with “family member” meaning a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption.
  • An individual primarily engaged in house sitting, pet sitting, or dog walking.
  • An individual working at a business operated primarily out of the residence, such as a home day-care business.
  • An individual whose primary work involves household repair or maintenance, such as a roofer, plumber, mason, painter, or other similar contractor.
  • An individual less than 18 years of age.

The law mandates the following (but it is not limited to):

  • Removes domestic workers in the Law Against Discrimination and the New Jersey State Wage and Hour Law.
  • Requires employers to provide workers with a notification of their rights under the bill.
  • Establishes penalties for violations of its provisions (including retaliation)
  • Creates the Domestic Workers Standards and Implementation Board, who must monitor and review the implementation and make policy recommendations to the State regarding additional measures to be taken.


In conclusion, domestic workers have gained a higher treatment status.

Business Considerations

  • Conduct an audit of your workforce to determine if any of your employees meet the new definitions of a domestic worker.
  • If you find that you have employees who meet the definition, review the exceptions to see if any of those employees may be excluded from those to whom the law will apply.
  • Conduct an audit of your policies and procedures to ensure compliance with the new requirements of the amended law.
  • Plan communication and training with your HR department on how to manage the worker process accordingly within the employment life cycle, from hiring to termination.

Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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