DOMESTIC WORKERS
New York State
These are your rights regardless of your immigration status!
Domestic Workers,
Know Your Rights At Work!
Note that this guide is for informational purposes only and it is not intended to provide legal advice.
These Are Your Rights Regardless
Of Your Immigration Status!
Text Copyright © 2024 by Legal Momentumn Illustrations copyright © 2024 by Ginnie Hsu
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Introduction
Part I
Your Rights
Your Rights to Work Free from Discrimination Fair Pay 7 Your Rights to Pay and Benefits Your Rights to be Safe at Work Your Rights to Work and Raise a Family Workplace Protections for Survivors
Part Ii
Protect Yourself
Introduction: Domestic
Workers Have Rights
Are You A Domestic Worker?
In New York, you are considered a domestic worker if you work in another person’s home to care for a child, an elderly person, a person with a disability, or a person recovering from an illness or medical procedure; engage in housekeeping; or perform any other domestic service.1 You are not considered a domestic worker if you do occasional babysitting jobs.
Examples of domestic workers include nannies, companions, cooks, house cleaners, private nurses, caretakers, gardeners, home health aides, personal care aides, and family chauffeurs.
You Have Rights If You Are A
Domestic Worker!
While domestic work can be incredibly rewarding, many domestic workers report that they feel overworked, underpaid, and face unfair or exploitative working conditions that they cannot address due to the fear of being fired or reported to immigration authorities. If you are a domestic worker who is working in New York State, you have rights in the work- place regardless of your immigration status and even if you are the only person working for your employer or are working “off the books.” For example, domestic workers are protected by minimum wage laws and overtime requirements and are entitled to breaks and time off.
Your locality may have even stronger protections, so we encourage workers to talk to each other, to local advocates, or to an attorney about what protections you are entitled to or if you think your rights are being violated.
You Have Rights Regardless Of
Your Immigration Status Or Work
Authorization!
While an employer can refuse to hire you if you do not have work authorization in the United States, once you are hired to work, you are entitled to certain rights and protections. In NYS, most anti-discrimination protections and labor protections apply regardless of your immigration status, and it is unlawful for your employer to use your immigration status to prevent you from reporting discrimination, labor violations, harassment, retaliation, or abuse. In NYS, employer threats to report your immigration status may qualify as extortion and may rise to the level of a crime.2 INTRO
Human Trafficking
Domestic workers can be vulnerable to human trafficking, which is illegal. You may be a victim of human trafficking if you have been forced, threatened, or tricked to work against your will, to work without pay, or if you are working to pay off a debt to your employer.3 If you believe you may be a victim of trafficking or have been the victim of another serious crime, please consult an attorney for more information.
There are pathways to work authorization for victims of trafficking and certain other serious crimes.4 For more information about additional support, please visit the Resource Corner.
You Have Rights Whether You Work “On
The Books” Or “Off The Books”
Many domestic workers work “off the books,” meaning their employer pays them with cash and/or does not officially record their earned wages. Even if you work “off the books,” many New York State labor laws—like anti-discrimination laws or the minimum wage law—still apply to you. Note, however, that being “off the books” could make it more difficult to access some financial benefits, like worker’s compensation or paid family leave.
Know Your Rights!
Workplace violations are common, but asserting your rights can be difficult. You are not alone or powerless. Knowing about your rights, discussing your workplace concerns with others, and building a network of support are critical first steps towards protecting and em- powering yourself. Every worker deserves equal treatment, fair pay, safe working conditions, and dignity at work!
This Guide
The first part of this guide provides an overview of workplace rights in 5 key areas: discrimination, pay, health and safety at work, balancing work and family responsibilities, and protections if you are a victim of domestic violence, sexual assault, or stalking. The second part of this guide provides basic strategies you can use, actions you can take, and resources you can consult to better protect and advocate for yourself at work and to advance your economic security.
Part I - Your Rights
Equal Treatment Your Rights to Work Free from Discrimination Fair Pay Your Rights to Pay and Benefits Safety and Well-being Your Rights to be Safe at Work Work and Family Your Rights to Work and Raise a Family Gender-Based Violence Workplace Protections for Survivors PART I
Equal Treatment
Your Rights to Work Free from Discrimination
Discrimination Is Illegal!
Discrimination is unfair or unequal treatment at work because of traits called protected characteristics like your gender or race. Discrimination creates an unhealthy work environ- ment that can make it difficult to do your job and subjects you to various forms of distress, including fear, stress, and anxiety that you may lose your job.
Protected Characteristics
In New York State, protected characteristics include: Age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, and status as a victim of domestic violence.5
Harassment Is A Form Of Discrimination!
You also have the right to work free from workplace violence and harassment based on any protected characteristics like your sex, race, ethnicity, or age.6
Retaliation Is Illegal!
It is illegal for your employer to punish you for challenging discrimination or other illegal working conditions. If they do, it’s called retaliation and it’s against the law!7 For example, you should not be fired, given a bad review, paid less, or given less hours for raising an issue with your employer or filing a formal complaint about discrimination, your pay, or your working conditions.
Take Action!
For more information on whether you have been subjected to unlawful discrimina- tion or to file a discrimination complaint, you can contact:
• Legal Momentum’s National Helpline:
https://www.legalmomentum.org/get-help-form Help@LMhotline.org
T: 1-800-649-0297
• New York State Division of Human Rights:
https://dhr.ny.gov/
T: 1-888-392-3644
Please see our Strategies section and Resource Corner for more information on actions you can take if you experience discrimination.
Examples Of Violations
Linh works in her employer’s home and a member of the household regular- ly walks around the apartment in his towel and no clothing. Linh feels very uncomfortable and unsafe and tries to avoid these situations by leaving the house with the children. This could be sexual harassment, which is a form of sex discrimination.
Nayeema is just starting a position as a Elena works as a caregiver in her employer’s domestic worker and her employer asks her home. English is Elena’s second language to remove her head covering before coming and she speaks with an accent, although her to work. This could be religious discrimi- employer can still understand her perfectly nation. well. However, her employer makes fun of the way she speaks English. This could be national origin discrimination.
Language Requirements
Note that while it may not be illegal for an employer to require a worker to speak a particular language if it is necessary to do the job, employers cannot mistreat or harass you based on your ethnicity or national origin. This may include mistreat- ment based on your native language or any physical traits related to your ethnic background, like a tribal tattoo.
NYC, Long Island, and Westchester. 2024: $16.00. 2025: $16.50. 2026: $17.00.
Remainder of New York State. 2024: $15.00. 2025: $15.50. 2026: $16.00.
Fair Pay
Your Rights to Pay and Benefits You have the right to get paid for the work you do and in New York State the rights below apply to all domestic workers regardless of immigration status. Wage Theft: It is illegal for your employer to steal or withhold your wages and there are various ways your employer may do this, including the examples in this section.
Your Employer’S Responsibility
Cannot offer or pay you less than the New York State minimum wage.8 Must pay overtime pay, at 1.5 Cannot ask you to arrive times your usual rate, for hours earlier or leave later worked over 40 hours per week without compensating (or 44 hours per week if you are a you for your time. domestic worker who resides in your employer’s home).9 2024 2025 2026 Cannot keep any part of NYC, Long Island, your paycheck without and Westchester $16.00 $16.50 $17.00 legal reason or force you to work without pay.
Remainder of New $15.00 $15.50 $16.00 York State Check with the NY Department of Labor for any updates to the minimum wage. https://dol.ny.gov/ Must pay you once a week, Pay you less than others cannot pay you inconsistently or because of your gender, irregularly, and must give you Cannot ask about what you race, or other protected wage notices listing your pay.10 earned at previous jobs or use characteristic.12 your prior salary to determine your pay, but you can voluntarily provide this information if you think it is helpful to you.11
Examples Of Violations
Nayeema makes an agreement with her employer to take care of the employer’s child for 30 hours a week at $27 an hour. But when she receives her paycheck at the end of one week, she realizes that her hourly wage is less. When she asks about it, her employer says they have started deducting for the time when the children are napping. This could be a form of wage theft.
Elena agreed to work from 9-5, but her employer regularly gets home at 5:30 p.m. to relieve her of her duties but does not pay her for the additional 30 minutes each day. This could be a form of wage theft. Linh cleans houses for her employer who stops paying her regularly and requests sex- ual favors in exchange for resuming regular payments. This could be a form of sexual harassment and wage theft.
Take Action!
For more information about whether you have been subjected to a pay violation or to file a pay complaint, you can contact:
• New York Department of Labor:
https://dol.ny.gov/
T: 1-888-469-7365
Please see our Strategies section and Resource Corner for more information on actions you can take if you experience pay violations.
Safety & Wellbeing
Your Rights to Be Safe at Work & Have Decent Working Conditions You should feel safe at work and your working conditions should not harm your physical and mental health. Employers must comply with a range of requirements to prevent and address workplace hazards and to maintain worker wellbeing.
Hours Of Rest Pregnancy Or
Disability
In NY, domestic workers must be allowed at least 24 consecutive hours of rest in a If you are pregnant or have a disability and calendar week. You can voluntarily agree need adjustments to your working condi- to work on this day, but you must be paid tions, you may be entitled to those adjust- overtime. Additionally, after one year with ments if they do not create undue hardship the same employer, you are entitled to for your employer. Either way, you cannot be three paid rest days per year.13 penalized for requesting such adjustments, which are called reasonable accommoda-
Injuries
tions.17 If you are injured at work, you may be SICK TIME eligible for workers’ compensation if you work 40 hours a week or more for your You are entitled to take time off if you are work and need time to recover, you may be hours of time off each year. If you work for entitled to disability benefits if you work an employer with 5 or more employees or if 20 hours a week or more for the same you work in some areas, like NYC and West- employer.15 chester County, your employer must pay you for those hours.18
Hazards
Harassment
Your employer has a responsibility to provide reasonable and adequate protec- Harassment at work can also undermine tion to your life, health, and safety in the your safety and well-being, and it’s unlawful workplace.16 Your employer should ensure if it is based on a protected characteristic, that you are properly trained for the work like your gender, race, or age.
you do and have adequate protective gear.
Examples Of Violations
Nayeema starts a job cleaning her employ- Linh is asked to work seven days a week er’s home. While she has cleaning supplies and is rarely allowed to take breaks. She is and tools that allow her to clean floors exhausted, overwhelmed, and depressed standing up, her employer insists that because she does not get to see her own she gets on her hands and knees to clean. family. When she tries to raise it, her When she notes that she cannot clean that employer tells her she can easily replace way because it is harmful to her body, her her with someone else willing to work employer fires her. This could be an exam- those hours. This could violate the hours ple of a hazardous work situation. of rest requirement.
Take Action!
For more information or to file a complaint, you can contact the relevant agency below: Hours of Rest and Sick Time:
• New York Department of Labor:
https://dol.ny.gov/
T: 1-888-469-7365
Reasonable Accommodations and Harassment:
• New York State Division of Human Rights:
https://dhr.ny.gov/
T: 1-888-392-3644
Worker’s Compensation or Disability Benefits:
• New York State Workers’ Compensation Board:
https://www.wcb.ny.gov/
T: 877-632-4996
Please see our Strategies section and Resource Corner for more information on actions you can take if you experience safety violations.
You And Your Family
Your Rights to Work and Raise a Family Many workers, largely women, are treated negatively by employers because they are preg- nant, need to take time off after having a baby, and/or work and are responsible for taking care of their children and other family members. This negative treatment is against the law.
Discrimination Based On Family
During interviews or when you are hired, Your employer cannot treat you negatively an employer should not ask you whether at work because you want children in the you have children and how that will affect future, or you have children.20 your work.19
Pregnancy And Breastfeeding
Your employer cannot fire you or treat you You are entitled to take reasonable breaks negatively because you are pregnant.21 at work to pump breastmilk, and you can- not be discriminated against for doing so.23 If your employer learns about your repro- If you are working and pregnant, you may ductive health decisions, your employer have the right to request adjustments or cannot discriminate against you based on changes at work to help you keep working those decisions, including the decisions while pregnant, provided this does not to use a particular drug, device, or to seek pose an undue hardship for your employer.
a medical service like an abortion.22 You This is called a reasonable accommoda- generally do not need to share these details tion.24 with your employer in the first place.
Family And Healthcare
In New York State, domestic workers are You may be eligible to take Paid Family generally entitled to 40 hours of unpaid Leave, which consists of up to 12 weeks sick time per year, and you may use your off paid at 67% of your salary and can be earned paid or unpaid sick time to take used to care for a new child or sick family care of a family member.25 In some locali- member.27 You cannot be penalized for ties, like NYC and Westchester County, you taking this leave or for disclosing that you are entitled to up to 40 hours of paid time are pregnant or would like to take paid off each year.26 family leave.
Regardless of legal status, domestic workers have a right to Medicaid during their pregnancy.
Examples Of Violations
Elena goes for a job interview for a nanny position, and the parent/employer asks her whether she has children and whether she thinks her caregiving responsibilities will negatively affect her attendance or interfere with her performance as a nanny. This could be discrimination based on family status.
Linh works as a domestic worker for a fami- ly. Her son gets sick and cannot go to school, so Linh notifies her employer that she will need to take a sick day to care for her son. Her employer tells her she is unreliable and fires her. This could violate the sick time law. Nayeema pumps milk for her young child while she is taking a break at work. Her employer sees her and tells her she cannot pump milk in her home because she feels uncomfortable with it. When Nayeema asks if she can do it in a separate room, her employer tells her she just doesn’t want her pumping while on the job. This could violate the right to take breaks to pump breast milk at work.
Take Action!
For more information or to file a complaint, you can contact the relevant agency below: Discrimination or Pregnancy Accommodations:
• New York State Division of Human Rights:
https://dhr.ny.gov/
T: 1-888-392-3644
Paid Sick Time:
• New York Department of Labor:
https://dol.ny.gov/
T: 1-888-469-7365
Paid Family Leave:
• Paid Family Leave Hotline:
https://paidfamilyleave.ny.gov/
T: 844-337-6303
Please see our Strategies section and Resource Corner for more information on actions you can take if you experience violations.
Gender-Based Violence
Workplace Protections for Survivors Trying to escape an abusive relationship can significantly impact your ability to keep your job. You may work with your abuser, you may need to take time off from work to address the abuse and plan for your safety, and your situation may be impacting your mental and physical health. If you are in this situation and you work in New York, there are certain laws in place that might protect you.
Discrimination Time Off
It is against the law for your employer to You may use your earned paid or unpaid discriminate against you because you are a sick leave for absences related to domestic victim of domestic violence.28 violence, a family or sexual offense, stalking, or human trafficking.30
Unemployment
You may also be entitled to take time off
Insurance
from work to address the abuse as a rea- sonable accommodation. Unless it would You are still eligible for unemployment cause an “undue hardship” to your employ- insurance, even if you leave your job er, you may take unpaid time off work as a voluntarily, if you left your job because of reasonable accommodation due to domestic domestic violence. You may be required to violence—for example, to seek medical care show proof that you are a survivor.29 Please for injuries caused by domestic violence, note, however, that you must be authorized attend a court hearing, participate in to work in the United States to be eligible safety planning, or to take other actions to for unemployment insurance.
increase your safety from future incidents of domestic violence. You may be required to provide documentation to qualify.31
Nyc: Reasonable Accommodation
In New York City, if you are a survivor of domestic violence, sex offenses, and stalking you may also be entitled to certain adjustments—called reasonable accom- modations—to allow you to keep working. You have the right to an accommodation unless it poses an “undue hardship” to your employer. If you request a reasonable accommodation, your employer must have a discussion with you about your needs, possible alternatives, and any issues the employer might have in providing those accommodations, before denying your request.32
Example Of Violations
Elena’s partner is abusive, and the abuse gets worse, and she fears for her safety and the safety of her children. Overnight, she moves with her children into a domestic violence shelter. She asks her employer to use her earned sick leave to take time off to make sure they are safe and that she can enroll her children in a new school. Her employer seems understanding at first, but after a couple of days, her employer denies her time off. This could violate the sick time law.
Take Action!
For more information on your workplace rights as a survivor of gender-based vio- lence, you can contact:
• Legal Momentum’s National Helpline:
https://www.legalmomentum.org/get-help-form Help@LMhotline.org
T: 1-800-649-0297
Please see our Strategies section and Resource Corner for more information on actions you can take if you experience violations.
PART II.
Part Ii - Protect Yourself
Strategies to Prevent and Address Violations Resource Corner PART II
Strategies And Actions To
Prevent And Address
Workplace Violations
Domestic workers carry out essential, important, and valuable work. Your labor should be valued; you should work with dignity to advance your economic security, and your work should not harm your wellbeing. Yet, many domestic workers deal with demanding and difficult working conditions, inadequate pay, discrimination, wage theft, and other unfair practices.
While New York State and some localities have passed laws protecting the rights of domestic workers, we have a long way to go in ensuring that all domestic workers can access and assert those rights. While it can be difficult to take action to protect yourself from unfair or illegal treatment at work, there are some important steps you should consider taking to prevent violations or to address them. Do not forget that you are not alone. Other workers, advocates, and lawyers are there for you as you find the best way to advocate for yourself.
Before You Start
Get Information About A Job
Talk to other domestic workers before starting a new job to get information about the potential employer, how much you should get paid, work environment, and expectations on the job.
Try To Get It In Writing
If you feel comfortable, ask your employer for a written contract outlining your wages, hours, job responsibilities, time off and other benefits, and other information that is important to you to establish clear expectations. Employers often engage in harmful practices like expanding job duties without expanding pay, changing work hours, or denying time off that was originally promised, so it can be very helpful to have a written workplace agreement in place.
If you cannot get a written contract, try to confirm key aspects of the job in an email or text message so that you have some record of your agreement in writing. For more guidance on written agreements and sample contracts, check out these resourc- es from Hand in Hand and the U.S. Department of Labor:
https://domesticemployers.org/resources-and-faqs/resources-written-agreements/ https://domesticemployers.org/resources-and-faqs/templates/ https://www.dol.gov/agencies/wb/Domestic-Workers
Advocate For Fair Pay
There are ways that you can advocate for yourself to receive the pay you think is fair. Talk to others and research to find out how much people are paid in the area where you work to avoid being underpaid. In NYC, your employer must list the salary range being offered in any job advertisement that is posted or shared, so employers should give you pay information even before you interview for a job.33 Always check the latest minimum wage to ensure that an employer is not offering you or paying you less than the minimum wage:
https://dol.ny.gov/minimum-wage-0
On The Job
Track Your Pay And Hours
Track your hours, how much you get paid each paycheck, and how often you get paid. You can track your hours in a note on your phone or in a notebook. There are also apps you can use, such as the Department of Labor –Timesheet App. https://www.dol.gov/agencies/whd/timesheet-app Employers sometimes illegally deduct pay from your paycheck, change payment methods in a way that makes it difficult for you access your pay, or start paying you irregularly.
Pay attention to any irregularities. For example, if you worked the same number of hours and got paid less, you should understand why.
Talk With Others
If you are dealing with a difficult situation at work or your rights are being violated, consider talking with other domestic workers or people you trust to get more guidance and support. Building a network of support can give you ideas on how to address the situation, help with emotional stress, and connect you to resources and other job opportunities if you need to get out of a bad situation and file a complaint against your employer.
If Problems Arise
Document Unfair Or Illegal Treatment
If you think your employer is treating you unfairly or violating the law, try to keep a record of the problem. Save copies of text messages, emails, photos, or write down a description of the incident and include details like the date, time, and what happened. These records can be critical if you later decide to file a complaint or seek assistance.
If your employer responds to your complaint by taking negative action against you, this is retaliation, and it is unlawful. Keep track of and document anything your employer does that penalizes you for speaking out or raising a workplace problem.
Get Support From An Advocate Or Attorney
If you think your rights are being violated and you want to learn more about your legal options, speak with an advocate or attorney. They can help you figure out whether your rights were violated and what actions you can take if you decide to proceed. See our Re- source Corner for help finding an advocate.
Educate Your Employer
If you feel comfortable, you can approach your employer about your concerns. Having information about the law can be helpful since many domestic employers may not be familiar with the rights and protections that apply. Remember that if your employer fires you or treats you negatively after you raise your concerns, this is unlawful retaliation, and it is a separate violation you can raise if you decide to file a complaint.
File A Complaint
With most violations, you can file a complaint with a government agency or file a lawsuit in court. Talk to an advocate or attorney about your options and the benefits of filing with an agency versus in court. Filing a complaint might help you get your job back, receive wages you are entitled to, improve your workplace conditions, get money damages, and force your employer to improve its practices. But this process can take time, energy, and resources, and you are not guaranteed a remedy.
Be mindful that there are often strict deadlines for filing a complaint, so try and speak with someone as soon as possible.
Discrimination: NYS Division of Human Rights (DHR). Pay: New York State Department of Labor (DOL). Benefits (family leave, disability, worker’s comp.): New York State Worker’s Compensation Board. Working Conditions: New York State Department of Labor (DOL).
Discrimination: Local agency like the NYC Commission on Human Rights (CHR). Pay: Local Agency like the Department of Consumer and Worker Protection (DCWP). Benefits (family leave, disability, worker’s comp.): In NYC: The Domestic Worker Mediation Program with DCWP. Working Conditions: In NYC: Department of Consumer and Worker Protection (DCWP) – Paid Care Division.
Get Help
Use this chart to find the right agency for resolving your workplace issue. For contact infor- mation, see the Resource Corner.
Relevant Agencies
Benefits (family Working Discrimination Pay leave, disability, Conditions worker’s comp.) NYS Division of New York State New York State New York State Human Rights (DHR) Department of Labor Worker’s Department of (DOL) Compensation Labor (DOL) Board In NYC: Local agency like the Local Agency like In NYC: The Department of NYC Commission the Department of Domestic Worker Consumer and on Human Rights Consumer and Worker Mediation Program Worker Protection (CHR) Protection (DCWP) with DCWP (DCWP) – Paid Care Division
Nyc Domestic Worker Mediation Program
If you work in New York City, the Domestic Worker Mediation Program may be able to work with you and your employer to obtain unpaid wages, or address denial of sick time or other benefits, and unlawful retaliation. For more information, visit https://www.nyc.gov/site/dca/workers/workersrights/paid-care-workers.page
Organize
While it can be difficult to take action on your own, it is often easier to address unfair or illegal working conditions with others. Your story matters and organizing is a way to build the power of communities against workplace violations to ensure that the experiences and demands of domestic workers are heard!
Worker Centers across New York State Employee Resource Groups are groups provide legal assistance, trainings, infor- of workers who come together to discuss mation about jobs, immigration support, workplace issues and develop solutions assistance with public benefits, and other together. Consider joining a group or forms of support. Visit our Resource Cor- talking with others to see if it would be ner for a list of worker centers. helpful to start an employee resource group with other workers.
Worker Cooperatives are businesses creat- Unions are organized groups of similar ed and owned by workers in which workers workers who come together to improve shape how the business is operated, have working conditions. Note that as of April representation in the leadership structure, 2024, domestic workers are not covered by and have financial stake in the business. union protections under national or state law.
Community Standards Boards are committees consisting of workers, employers, advocates, and community members tasked with establishing and enforcing labor and wage standards and practices within a particular industry. Visit the website of Care Forward to learn more: https://www.carrollgardensassociation.com/current-campaigns/care-forward
Resource Corner
Public Benefits
Despite working a full-time job, a part-time job, or multiple jobs, many workers still have a hard time covering basic costs and may need financial assistance. There are various forms of financial assistance available; however, your immigration status may impact access to many benefits. The worker themselves and/or a family member in the household may be required to have legal status to meet eligibility criteria.
Cash Assistance Temporary Assistance for Needy Families (TANF) provides cash assistance to eligible families with minor children. There may be other cash assistance programs available for families that are not eligible for TANF. Cash assistance is administered by your Local Department of Social Services, like the Human Resources Administration in New York City.
Find your Local Department of Social Services here: https:// ocfs.ny.gov/directories/localdss.php Food Assistance The Supplemental Nutrition Assistance Program (SNAP) pro- vides benefits to eligible families and individuals that can be used to purchase food at eligible stores. Find your Local Depart- ment of Social Services here: https://ocfs.ny.gov/directories/ localdss.php. To find a food pantry in your area, visit Hunger Free America: https://www.hungerfreeamerica.org/en-us/ Housing Assistance Housing assistance may be available in the form of govern- ment operated housing or vouchers that allow you to rent in the private market. Housing assistance is often available through your local housing authority.Find your local hous- ing authority here: https://www.hud.gov/states/new_york/ renting/hawebsites Childcare Depending on your income, you may be eligible to apply for a subsidy with the New York State Childcare Assistance, which helps families cover some of the costs of childcare.
Childcare Assistance is administered locally. Find your local agency here: https://ocfs.ny.gov/directories/localdss.php Benefits for Women, Infants, and Children (WIC) Pregnant and breastfeeding women, women who have recently had a baby, and infants and children under the age of five are eligible for benefits under the WIC program. WIC provides assistance with buying specific foods and support with breastfeeding and nutrition. You can apply for WIC with a local agency. Find an agency near you here: https://www.
health.ny.gov/prevention/nutrition/wic/local_agencies.htm
Legal Help / Domestic Worker Advocates
Legal Momentum The Women’s Legal Defense and Education Fund, is the nation’s longest-serving legal advocacy organization for women. Our National Hotline is a free resource for those seeking information about their rights related to sex and gender discrimination, violence, and harassment. Legal Momentum’s National Helpline Help@LMHelpline.org https://www.legalmomentum.org/get-help-form
T:1-800-649-0297
Legal Help with Other Issues at Work Law Help https://www.lawhelpny.org/ New York State Bar Association Referral Service https://nysba.org/new-york-state-bar-association-lawyer-referral-service/,
T: 800-342-3661
New York City Bar Association Referral Service https://www.nycbar.org/get-legal-help/
T: 917-983-0983
Domestic Worker Advocates And Programs
National Domestic Workers Alliance Carroll Gardens Association
(Ndwa)
https://www.carrollgardensassociation.com/ https://www.domesticworkers.org T: 718-243-9301 T: 646-360-5806 Learn about the We Rise Nanny Training https://www.carrollgardensassociation.com/ we-rise-nanny-training Domestic Workers United https://www.domesticworkersunitednyc.org/
T: 718-622-1260
Hand in Hand https://domesticemployers.org info@domesticemployers.org
Advocates For Survivors Of Human
Trafficking
Human Trafficking Hotline Safe Horizons Anti-Trafficking https://humantraffickinghotline.org/en Program (NYC) T: 1-888-373-7888 https://www.safehorizon.org/anti-traffick- ing-program/
T: 718-943-8632
Worker Centers
Worker Centers across New York State provide legal assistance, trainings, information about jobs, immigration support, assistance with public benefits, and other forms of support. Worker Justice Center of New York Workers’ Center of Central New York
T: 585-325-3050; 845-331-6615; T: 315-218-5708;
Rochester, Kingston, and Hawthorne Syracuse https://www.wjcny.org/ https://www.workerscny.org/ Western New York Council on Worker Justice Project Occupational Safety and Health
T: 347-889-6340; 718-937-1117
(Wnycosh)
Brooklyn, NYC
T: 716-206-3550
https://www.workersjustice.org/ Buffalo https://wnycosh.org/ Flushing Workers Center
T: 718-600-0793
Tompkins Worker Center Flushing, Queens, NYC
T: 607-269-0409
https://flushingworkerscenter.org/ Ithaca https://www.tcworkerscenter.org/ Coalition for Immigrant Freedom
T: 917-605-2702
Manhattan, NYC https://coalitionfreedom.org/
Government Agencies
New York State Department of Labor New York City Department of T: 1-888-469-7365 Consumer and Worker Protection https://dol.ny.gov (DCWP)
T: 212-639-9675
https://www.nyc.gov/site/dca/index.page New York State Division of Human Rights T: 1-888-392-3644 New York City Department of Consumer https://dhr.ny.gov/ and Worker Protection (DCWP) Domestic Worker Mediation Program https://www.nyc.gov/site/dca/workers/ New York City Commission on workersrights/paid-care-workers.page Human Rights Email: OLPS@dcwp.nyc.gov
T: 212-306-7450
https://www.nyc.gov/site/cchr/index.page
Financial Services And Tax Preparation
For Undocumented Individuals
Banking
There are banks that serve undocumented people or do not require a Social Security number to open an account. For more information, see: New Economy Project https://www.neweconomynyc.org/
T: 212-680-5100
Tax Services
Certified acceptance agents can help you obtain an Individual Taxpayer Identification Number (ITIN) to file your taxes. The following organizations provide tax preparation and income support services: Urban Upbound https://urbanupbound.org/ T: 718-784-0877 ext.7 Ariva at Spring Bank https://www.ariva.org
T: 718-292-2983
To find an acceptance agent in your area, please visit https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-new-york
Free Tax Help
The IRS’s Volunteer Income Tax Assistance (VITA) program provides free, basic tax filing assistance to low- and medium-income taxpayers. To search for a VITA site by zip code visit https://irs.treasury.gov/freetaxprep/
Acknowledgements
Contributors Waleska Cabrera Maria McCabe Seher Khawaja Sharon Ceron Espinosa Illustrator/Designer Ginnie Hsu Special Thanks To Hand in Hand Carroll Gardens Association Make the Road New York A very special thanks to the domestic workers who helped us to develop this guide. Funders This resource was made possible through funding and support from The New York State’s Interest on Lawyer Account (“IOLA”) Fund and The New York Bar Foundation.
References
1 N.Y. Lab. Law § 2(16). 2 N.Y. Penal Law §§ 135.60(10); 155.05(2)(e)(iv). 3 22 USC § 7102(11). 4 8 USC § 1101(a)(15)(T), (U). 5 N.Y. Exec. Law § 296(1)(a). 6 N.Y. Exec. Law § 296(1)(a), (h). 7 N.Y. Exec. Law § 296(1)(e), (7). 8. N.Y. Lab. Law § 652. 9. N.Y. Lab. Law § 170. 10. N.Y. Lab. Law §§ 191, 195.
11. N.Y. Lab. Law § 194-a. 12. N.Y. Lab. Law § 194. 13. N.Y. Lab. Law § 161. 14. N.Y. Worker’s Comp. Law § 3; Household Employers (Employers of Domestic Workers), N.Y. Worker’s Comp. Bd., https://www.wcb.ny.gov/content/main/coverage-requirements-wc/ household-employers.jsp (last visited Aug. 12, 2024).
15. N.Y. Worker’s Comp. Law § 201(6)(A); 12 CRR-NY 355.4 16. N.Y. Lab. Law § 200. 17. N.Y. Exec. Law § 296(3). 18. N.Y. Lab. Law § 196-b; N.Y.C. Admin. Code § 20-913; Westchester County, N.Y. Code of Ordinances § 585.03. 19. N.Y. Exec. Law § 296(1)(a). 20. N.Y. Exec. Law § 296(1)(a). (1993). 22. N.Y. Lab. Law § 203-e.
23. N.Y. Lab. Law § 206-c; 29 U.S.C. § 218d. 24. N.Y. Exec. Law § 296(3). 25. N.Y. Lab. Law § 196-b. 26. N.Y.C. Admin. Code § 20-913; Westchester County, N.Y. Code of Ordinances § 585.03. 27. N.Y. Worker’s Comp. Law §§ 201(6)(A), 204. 28. N.Y. Exec. Law § 296(1)(a); 22(a). 29. N.Y. Lab. Law § 593. 30. N.Y. Lab. Law § 196-b.
31. N.Y. Exec. Law § 296(22)(c). 32. N.Y.C. Admin. Code § 8-107(23), (27), (28). 33. N.Y.C. Admin. Code § 8-107(23), (32).
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