The federal government and the states have laws to protect domestic workers. These laws protect against unfair, dangerous, or illegal working conditions. Workers can take steps to understand the laws and protect themselves.
How can I protect my labor rights as a domestic worker?
- Have a written agreement about your job that explains the hours, duties, pay, time-off, and and other details about your work agreement. For an example agreement, go to our page on Fair Contracts for Domestic Work.
- Keep a written record of your hours, the kind of work that you do, and how much you are paid. A record can help if you have a disagreement about your hours and pay.
- If you are a home care worker, there are rules about pay that depend on your hours and the kind of work you do.
- Write down problems or abuses when they happen. Sometimes written records can help you prove your case.
How do labor laws protect me as a domestic worker?
- Most workers have a right to the minimum wage. The federal minimum wage is $7.25 an hour, but your state might have a higher minimum wage. Click here for a map of state minimum wages.
- Most workers also have a right to overtime pay. Overtime pay is usually 1.5 times your regular hourly wage when you work more than 40 hours in a week.
- Employers must follow rules on how much money they can take out of your pay for meals and housing, how you should be paid for sleep time, and more.
- Some states have passed laws that especially protect domestic workers. See a list of states where domestic workers have protected rights to find out if your state has special protections.
- There are rules to protect domestic workers who have employment visas. Click here to learn more.
- Sometimes an employer or boss who is treating the workers badly is also breaking the law. Click here to learn about possible immigration protections for workers who report unlawful activity.
- An employer cannot exploit a worker by forcing them to work without pay, treating them unfairly or abusing them, or coercing them into sex work. If you or someone you know is experiencing this, please reach out to the National Human Trafficking Hotline at 1-888-373-7888 for assistance. A confidential counselor is available to answer your questions and provide support. Your safety and privacy are a priority.
Learn more about your rights as a domestic worker, and join together with other domestic workers fighting for rights, dignity, and respect, with the National Domestic Workers Alliance.
What if my employer calls or threatens to call immigration?
- Workers have rights against employers who retaliate or punish them for fighting or speaking up about their worker rights. You may have protection if your employer threatens to call immigration because you are fighting for your worker rights. Check with an immigration lawyer or BIA accredited rep to find out if you have the right kind of case.
- If your employer is committing a crime, and you are the victim, you might qualify for a visa to stay in the U.S. Click here to learn more about visas for people who are victims of crimes at work.
- Know your rights if ICE, your employer, or others ask you questions about immigration. Click here to learn what to do in a raid or arrest.
