Who does the law protect?
The law protects people who:
- Work in Philadelphia, even if they live outside the city
- Work in a private residence
- Do jobs like childcare, elder or disability caregiving, housekeeping or cleaning, cooking or serving food, laundry or organizing, gardening, driving or parking cars for the household.
- Work hourly or salaried, full-time or part-time
- Work directly for a family or through a private agency
- Regardless of immigration status!
Learn more about the Philadelphia Domestic Workers Bill of Rights.
What are my rights as a domestic worker thanks to the Philadelphia Domestic Workers Bill of Rights?
Right to a Written Contract
Domestic workers are required to receive a contract in English and their preferred language if they work five or more hours per month for the same employer. This is a legal agreement between you, whoever hires you and/or the household you work for. The contract must include details like:
- Job duties
- Hourly and overtime pay rates
- Weekly schedule and work hours
- How and when you will be paid
- Breaks (rest and meal)
- Leave and sick time policies
- Paid holidays and other benefits
- Transportation or housing info (if offered)
- Contract term and any special agreements
- Your health and safety at work
- What happens if working conditions change
You can find domestic worker contract templates and more information about creating a contract here.
Meal and rest breaks
After working 4 hours straight, you have the right to take a 10 minute uninterrupted break, which is included in your regular pay time. Uninterrupted means you can leave the house for 10 entire minutes by yourself.
If you cannot take 10 minutes off, you must be paid extra. For instance, if you work 5 hours without a break, you will be paid for 5 hours and 10 minutes.
After working 5 hours straight, you have the right to take a 30 minute uninterrupted break for a meal. This break is not paid, but if your 30 minute meal break is interrupted, it must be paid.
Advance Notice of Termination
You must be given two weeks notice before you are terminated from your job.If you are asked to leave immediately, you must receive two weeks pay instead. If you live with your employer, they must give you four weeks notice before terminating your employment or pay you for those four weeks.
Protection from Discrimination
Before the Domestic Workers Bill of Rights, Philadelphia domestic workers were not legally protected from discrimination in the workplace. It is now illegal to discriminate against a domestic worker.
Discrimination is when your employer takes a negative action against your employment terms (e.g, withholds wages, reduces hours, fires you) because of your race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information and status as a victim of domestic or sexual violence.
Privacy Protections
It is illegal for employers to film you or have cameras in private areas like a bedroom or bathroom. Many employers like to have cameras in common areas, and that is their right. But you have rights too. You have the right to keep possession of your personal identity documents.
Increased protections for live-in workers
If you live where you work, you have all of the rights listed on this page. You also have the right to:
- 4 weeks of advance notice before termination
- A day off after working 6 days straight
Protection from Retaliation
It is illegal for employers to retaliate against you when you use your legal rights or file a complaint against them. This could include asking for a contract, taking a meal or rest break, speaking up against cameras that are illegal in a bedroom or bathroom, asking for your paycheck, or any other legally protected right.
Some examples of retaliation are: firing you, making threats around your perceived immigration status or the perceived immigration status of your family, reducing your work hours, threatening to call the police, or not paying you. Thanks to the POWER Act, passed after the Bill of Rights, Philadelphia’s Office of Worker Protections can take more actions now to protect you if you are a victim of retaliation.
In addition, keep an eye out if…
- Your employer tells you they have to keep your identity documents
- Your employer does not let you leave the house at your own discretion
- Your employer threatens or intimidates you so that you cannot leave work
These could be signs of labor abuse!
How do I protect my rights?
- Get involved with NDWA-PA to learn more about your rights, how to use them in the workplace, and make sure you have a community of other domestic workers that has your back!
- Demand all of the rights available to you – it is the law!
- Keep track of the hours you work and how much you expect to be paid.
- Make sure most communication between you and your employer is in writing and keep it handy (e.g. document requests over email/text and save them)!
- Share these rights with other domestic workers. The more other people protect their rights, the more it protects all domestic workers.
- If you think your rights are violated, contact us using the box below and we can support you!
Together, we can ensure that all domestic workers are treated with the respect we deserve!