Rights of Domestic Workers

Rights

Minimum Requirements

Department of Enforcement

Source
Wages
Domestic workers are guaranteed at least minimum wage for all working time.
"Compensated 'working time' includes all time during which a worker is required to be on duty, or to be at the employer’s home or another location specified by the employer. It also includes any time worked before or after the end of the normal shift to complete the work.

When a domestic worker is required to be on duty for a period of 24 consecutive hours or more and unless a prior written agreement is made, all meal periods, rest periods and sleeping periods shall constitute working time."
Deductions
Rest Periods & Time Off
Parental Leave
Sick Leave
Worker's Compensation
Unemployment
Records
Privacy and Freedom

Rights

Minimum
Requirements

Department
of Enforcement

Source
Wages
Domestic workers are guaranteed at least minimum wage for all working time. Work in MA
 AGO M.G.L. c.151 §1: Oppressive and unreasonable wages; validity of contracts
Compensated 'working time' includes all time during which a worker is required to be on duty, or to be at the employer’s home or another location specified by the employer. It also includes any time worked before or after the end of the normal shift to complete the work.

When a domestic worker is required to be on duty for a period of 24 consecutive hours or more and unless a prior written agreement is made, all meal periods, rest periods and sleeping periods shall constitute working time.		 Work in MA
 DLS 454 CMR 27.00: Minimum Wage
If domestic workers are scheduled to work for 3 hours or more and get sent home, their employer must pay them for at least 3 hours at least minimum wage. Work in MA
 DLS 454 CMR 27.00: Minimum Wage
An employee required or directed to travel from one place to another after the beginning of or before the close of the work day shall be compensated for all travel time and shall be reimbursed for all transportation expenses. Work in MA
 DLS 454 CMR 27.00: Minimum Wage
Overtime pay at one and one half times an employee's regular hourly rate, for work in excess of 40 hours in a work week with the same employer Work in MA
Direct Pay
Full Time		 AGO M.G.L. c.151 §1A: Overtime pay; excluded employments
It is illegal for employers to retaliate against workers for making wage complaints. Work in MA
Direct Pay		 AGO M.G.L. c.151 §19: Punishment for stated acts
No matter what the reason for ending the employment, the employer must pay the worker all wages owed, including all earned, unused paid vacation time, on the last day of work. Work in MA
 DLS 454 CMR 27.00: Minimum Wage
Deductions
Where deductions are made from an employee's wages for meals or lodging, the employee's regular hourly rate used to calculate overtime compensation shall be the employee's hourly rate before any deductions are made. Work in MA
Full Time
 DLS 454 CMR 27.00: Minimum Wage
An employer may not separately charge or bill an employee for fees or amounts not allowed as deductions. Work in MA
 DLS 454 CMR 27.00: Minimum Wage
Deductions - Food
Wage deductions for food, drink, or lodging only apply when food and lodging is freely chosen and desired by the domestic worker, and consented to in writing. The employer may not make pay deductions unless the worker agrees voluntarily to these deductions in writing in a language the worker easily understands.  The agreement must be made before any deductions are made. Work in MA DLS 454 CMR 27.00: Minimum Wage
Pay deductions for food and drink are allowed only if the worker can bring, prepare, store, and eat and drink the foods she prefers. If the worker cannot do so because of household dietary restrictions, then the employer may not charge for the food or drink provided to the worker. Work in MA DLS 454 CMR 27.00: Minimum Wage
A deduction for 1 meal may be made from the wages of an employee working 3+ hours. A deduction for 2 meals may be made from the wages of an employee whose work entirely covers 2 meal periods, or 8 hours of work. A deduction for 3 meals may be made from the wages of an employee if lodging is provided Work in MA DLS 454 CMR 27.00: Minimum Wage
The employer may charge for the actual cost of the food and drink, up to $1.50 for breakfast and $2.25 for lunch or dinner. Work in MA DLS 454 CMR 27.00: Minimum Wage
Deductions - Rest
No wage deductions for rest periods or sleeping periods are legal without written consent by the domestic worker. Work in MA
Direct Pay
 DLS
 454 CMR 27.00: Minimum Wage
Deductions - Lodging
An employer must not deduct the cost of a room or other housing if the employer requires the worker to live in that place. Work in MA
Live-In
 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
An employer may deduct the cost of housing only if the employer has given the employee prior written notice describing the lodging, setting forth the amount to be charged to the employee for the lodging, and providing notice that the employee’s acceptance of the lodging is voluntary, and the employee has provided voluntary written acceptance of the lodging and deductions. Work in MA
Live-In		 DLS 454 CMR 27.00: Minimum Wage
Deductions for lodging can only be made if that lodging is safe and sanitary, and meets the standards for housing established by 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), including heat, potable water, and light. Work in MA
Live-In		 DPH 105 CMR 410.00: Minimum Standards of fitness for human habitation (State Sanitary Code, c.2)
The employer must not charge for lodging more than:
$35 a week for a room with 1 person;
$30 a week for a room with 2 people; or
$25 a week for a room with 3 or more people.		 Work in MA
Direct Pay
Live-In		 DLS 454 CMR 27.00: Minimum Wage
Rest Periods & Time Off
Workers are entitled to a 30 minute lunch period during shifts longer than six hours Work in MA
 DLS 454 CMR 27.00: Minimum Wage
If the worker is on duty for less than 24 hours, the employer must pay for all meal, rest, and sleeping periods, unless the worker has no work duties and is allowed to leave during those times. Work in MA AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
When a domestic worker is required to be on duty for 24 hours or more, all meal periods, rest periods and sleeping periods shall constitute compensated working time, unless a prior written agreement is made. If the worker is required to be on duty for 24 hours or more, the worker and employer may agree that some meal periods, rest periods, or sleep periods up to 8 hours will not be counted as paid working time. Work in MA AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
No wage deductions for rest periods or sleeping periods are legal without written consent by the worker. Work in MA
Direct Pay
 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
An employer who employs a domestic worker for 40 hours a week or more shall provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month and, where possible, this time shall allow time for religious worship. Work in MA
Direct Pay
Full Time		 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
The domestic worker may voluntarily agree to work on a day of rest; provided, however, that the agreement is in writing and the domestic worker is compensated at the overtime rate (1.5x regular wages) for all hours worked on that day Work in MA
Direct Pay
Full Time		 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
Parental Leave
Guaranteed 8 weeks of job-protected leave for the birth or adoption of a child. Work in MA
Employed 90+ Days
 MCAD
 M.G.L. c.149 §105D: Parental leave; rights and benefits
Sick Leave
Workers are entitled to earn at least 1 hour of sick leave for every 30 hours worked, and take up to 40 hours of earned sick leave a year Work in MA
Employed 90+ Days		 AGO M.G.L. c.149 §148C: Earned sick time
You are entitled to use your earned sick time beginning 90 calendar days after hire (or sooner) Work in MA
Employed 90+ Days		 AGO M.G.L. c.149 §148C: Earned sick time
The employer’s instructions for providing notice to use earned sick time should be clear. An employer cannot require advance notice for emergencies or unexpected reasons and cannot require more than 7 days’ notice for scheduled appointments. Work in MA
Employed 90+ Days		 AGO M.G.L. c.149 §148C: Earned sick time
An employer's Earned Sick Time Policy or other Leave Policy must let workers take time off to:
- Care for herself, her child, her spouse, her parent, or her spouse’s parent because of a physical or mental illness, injury, or condition that requires home care, professional medical diagnosis or care, or preventive medical care
- Go to a routine medical appointment for herself, her child, her spouse, her parent, or her spouse’s parent
- Deal with the mental, physical or legal effects of domestic violence
- Travel to and from her appointment, pharmacy, or other related location		 Work in MA
Employed 90+ Days		 AGO M.G.L. c.149 §148C: Earned sick time
Employers can ask for a doctor's note or other documentation only in limited circumstances. For example, they can ask for a doctor's note when an employee misses more than 3 consecutive workdays. Work in MA
Employed 90+ Days		 AGO M.G.L. c.149 §148C: Earned sick time
Worker's Compensation
A worker who gets hurt while on the job may be eligible for workers’ compensation benefits.  Even if the employer does not have worker’s compensation insurance, workers who miss more than 5 days of work because of work-related injury or illness may be able to get compensated for medical care and lost wages. Work in MA
Full Time
 DIA M.G.L. c.152 §1: Worker's Compensation Definitions
Employees injured while at work have rights to compensation and action against the employer. Work in MA
 DIA M.G.L. c.153 §1: Rights to compensation and of action
Unemployment
A employer is liable for paying Unemployment Insurance once $1,000 or more has been paid to the worker in any calendar quarter. Work in MA
US Citizenship
 DUA The Employer's Guide to Unemployment Insurance, (pg. 7)
Records
Every domestic worker must receive a notice of their employment rights under state and federal law from their employer. Work in MA
Direct Pay
 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
Employers of domestic workers must keep payroll records and provide paystubs.  Records should be kept for 3 years. Work in MA
Direct Pay		 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
Domestic workers who work 16 or more hours a week must receive a timesheet at least every two weeks that shows the number of hours worked each day. The timesheet should be signed or acknowledged by both the worker and employer.

A worker who disagrees with the number of hours listed has the right to make a note on the timesheet of the hours the worker believes he or she worked.  Signing a timesheet does not mean that the worker cannot later claim any additional wages owed.  Failure to sign a timesheet does not allow an employer to delay or withhold pay. 		Work in MA
Direct Pay
Full Time
 AGO M.G.L. c.151: Minimum Fair Wages
Employers must give domestic workers who work 16 or more hours a week a written agreement:

    Employment agreements must include:
     - Rate of pay, including overtime and additional compensation for added duties or multilingual skills
     - Working hours, including meal breaks and other time off
     - If applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises, AND, whether or not one's earned, vacation days, personal days, holidays, severance, transportation costs and health insurance costs are paid or reimbursed
     - Any deductions, fees or other costs, including costs for meals and lodging
     - All responsibilities associated with the job
     - The process for raising and addressing grievances and additional compensation if new duties are added
     - The right to collect workers’ compensation if injured
     - If applicable, the circumstances under which the employer will enter the domestic worker’s designated living space on the employer’s premises
     - The required notice of employment termination by either party
     - Any other rights or benefits afforded to the domestic worker.		 Work in MA
Direct Pay
Full Time
 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
Employers must give live in domestic workers a written agreement that (in addition to all information listed above) also includes information about:

Why and when the employer will enter the worker's living space
What is “cause” for termination

This agreement must be in written in a language the worker easily understands, signed by the worker and employer, and made before work begins.
The employer must keep the agreement on file for at least 3 years.		 Work in MA
Direct Pay
Full Time
Live-In
 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
Respect, Privacy & Freedom
An employer must not punish or discriminate against a domestic worker for exercising his or her rights.  This applies to all workers, regardless of immigration status. If an employer reports or threatens to report an undocumented worker to immigration authorities for complaining about a violation, the employer can be prosecuted and/or subject to civil penalties. Work in MA
Direct Pay
 MCAD M.G.L. c.149 §191: Conduct constituting unlawful discriminatory practice against domestic workers; enforcement
An employer cannot monitor or record private living or sleeping spaces, or bathroom, dressing or undressing activities Work in MA
Direct Pay		 AGO Mass.gov, "Domestic Workers"
An employer cannot limit, interfere with, monitor, or record private communications Work in MA
Direct Pay		 AGO Mass.gov, "Domestic Workers"
An employer cannot take, destroy, hide or keep passports or any documents or belongings Work in MA
Direct Pay		 AGO Mass.gov, "Domestic Workers"
An employer cannot force an individual to work by
   Hurting or restraining the worker,
   Causing the worker financial harm or threatening to do so,
   Abusing the law or legal process, or
   by other illegal method		 Work in MA
Direct Pay		 AGO Mass.gov, "Domestic Workers"
It is illegal for an employer to engage in unwelcome sexual advances, coerced requests for sexual favors, or other verbal or physical conduct of a sexual nature. Work in MA
Direct Pay		 MCAD M.G.L. c.149 §191: Conduct constituting unlawful discriminatory practice against domestic workers; enforcement
Employers must not discriminate in hiring, pay, or other terms of employment based on a worker's:
    Race, color, religion, national origin, or ancestry
    Sex (including pregnancy), sexual orientation, or gender identity or expression
    Genetic information or disability
    Age
    Military service		 Work in MA
Direct Pay		 MCAD M.G.L. c.149 §191: Conduct constituting unlawful discriminatory practice against domestic workers; enforcement
Employers who have phone or Internet service must give workers free and reasonable access to those services.

If they do not have phone or Internet service, they must allow reasonable opportunities to access those services elsewhere at the workers' own expense.		 Work in MA
Direct Pay
Full Time
Live-In		 AGO Mass.gov, "Domestic Workers"
Workers who live in their employer's home or in another place required by their employer have certain additional rights if the employer fires them or lays them off.  Unless a domestic worker is fired for cause, the employer must give the worker:

    Written notice; and
    - At least 30 days of housing where the worker is now or in similar housing, OR
    - severance pay equal to average pay for 2 weeks  

If the employer chooses to provide housing at another location or severance pay, the worker must have at least 24 hours to move out.		 Work in MA
Direct Pay
Full Time
Live-In		 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers
If the employer fires a domestic worker for cause (other than a written statement in good faith saying that the worker did something that harmed the employer, their family, or household), the employer must provide advance written notice and reasonable opportunity of at least 48 hours to move out. Work in MA
Direct Pay
Full Time
Live-In		 AGO M.G.L. c.149 §190: Rights relating to pay and other terms or conditions of employment for domestic workers

All Domestic Workers

Wages

Minimum Wage

Domestic workers are guaranteed at least minimum wage for all working time.

  • Department of Enforcement:AGO
  • Source:

Full Time Domestic Workers

Wages

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Live-In Domestic Workers

Wages

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