Massachusetts Legal Rights of Domestic Workers Poster
The Legal Rights of Domestic Workers is a Massachusetts general labor law poster poster provided for businesses by the Massachusetts Department Of Labor and Workforce Development. This notification is required for some employers, such as all employers of domestic workers.
The Commo nwe alth of Massa chusetts Office of the Att orney General Notice of Rights of Domestic Workers Domestic Workers Bill of Rights, M.G.L. Chapter 149, Section 190 Employers: You must give a Notice of Rights to domestic worker s you hire. You may use this Notice for that purpose. Legal Rights of Domestic Workers When you first get hired as a domestic worker, your employer must give you written information about your legal rights. Read below to learn more about your rights. This Notice is also available in Spanish and Portuguese at www.mass.gov/ago/dw . Questions? Contact the Attorney General’s Fair Labor Division at (617) 727-3465 or (617) 727- 4765 TTY Who must receive this notice ? A notice of state and federal workplace rights must be given to any worker who provides domestic service s in a household, such as : Housekeeping, Cleaning, Childcare, Cooking, Home managemen t, or Caring for someone who is old or sick . It does not need to be given to : Babysitters who normally work less than 16 hours per week, or Personal care attendants (PCAs). Employees of s taffing, placement, or employment agencies licensed or registered pursuant to M.G.L. c. 140. Who is Your Employer? Your employer is usually the person or business that hired you. For example, if someone hired you to work in his or her home, that person is your employer. If more than one household came together to share your services, such as in a “nanny share,” then both families are your employers. If you work for a company, like a housecleaning service, doing do mestic work in other people’s homes, then that company would be your employer. Written agreement If you work 16 or more hours a week, your employer must give you a written agreement that includes information about : Regular and o vertime rate of p ay Raises or increases in pay for added duties or skills Work schedule and j ob duties Rest periods , sick leave, holidays, v acation, personal days Any other benefits Charges or pay deductions Eligibility for workers’ compensation Process for raising and resolving concerns Notice of termination by you or employer Why and when the employer will enter y our living space ( live-in workers ) What is “cause” for termination (live -in workers) This agreement must be in written in a language you understand , and it must be signed by you and your employer. You must receive this agreement before you begin work. You may use the Attorney General’s Employee Agreement template. It’s available at: www.mass.gov/ago/dw . Payroll and Timekeeping Records Your employer is required to k eep payroll records that include how much you worked each day and each week, how much you were paid, and any deductions that were taken. The e mployers must keep payroll records for 3 years. You have the right to see your own payroll records at a reasonable time and place. You must receive a paystub with your pay that shows the number of hours worked each day, your hourly rate, and any deductions from or additions to your pay. Your paystub can be paper or electronic. If you work 16 or more hours a week, y our employer must give you 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 you and your employer. If you disagree with the hours listed and cannot come to an agree ment with your employer, you have the right to make a note of the number of hours you believe you worked. Signing a timesheet does not mean that you cannot later claim any additional wages owed. Your employer cannot withhold your pay if you do not sign t he timesheet. Job Evaluations You have the right to ask your employer for written feedback about your work: • 3 months after you start working , and • once a year after that. If you disagree with something your employer writes on the form, you may ask him/her to change it to something that you both agree with. If you cannot agree, you may write a letter to your employer explaining your view. That letter must be given to anyone who receives a copy of your job evaluation. Pay You must be paid at least the state minimum wage. Effective Date Minimum Wage January 1, 2017 $11.00 January 1, 2019 $12.00 January 1, 2020 $12.75 January 1, 2021 $13.50 January 1, 2022 $14.25 January 1, 2023 $15.00 You must be paid for all hours you work. This include s all time that you are required be someplace or doing work for your employer . Employe rs must pay overtime to workers who work more than 40 hours in any week. Overtime pay is at least 1.5 x the regular rate of pay for each hour over 40 hours. Your employer must pay you promptly, usually within 6 days of the end of the pay period. If your employment ends, your employer must pay you for all hours worked and any unused vacation time right away – the same day or the next regular pay day. Rest Periods During a rest period, you must be free of all work duties and be allowed to leave the workplace. Your rest periods may be paid or unpaid. (Breaks of less than 20 minutes generally must be paid.) You and your employer should agree on this when you are hired. You may choose to work if you want to. If that happens, you must be paid for the rest period. I f you work 6 or more hours in a day you have a right to a 30 -minute meal or rest break every workday. I f you work 40 or more hours a week , you must get at least 1 full day (24 hours) of f each week and 2 full days (48 hours) of f each month. You can give up this rest period through a written agreement with your employer in a language you understand. If you are required to be on duty for 24 hours or more , you and your employer may agree that some meal periods, rest periods, or sleep periods up to 8 hours will not be counted as paid working time. If you are on duty for less than 24 hours , your employer must pay you for all meal, rest, and sleeping periods, unless you have no work duties and are allowed to leave during those times. Pre-Paid Hours If yo ur employer pre -p ays y o u , b ut t h en d oes n ot give you enough hou rs t o work i n t h at p ay p eri od , yo ur e mployer must not make you pay back any part of your wages or deduct wages from a f u tu re p ay p erio d. You and your employer may agree that you will “make up” the time in a later week (“banking hours”) . This is allowed for up to 24 hours of banked time , but only if you have agreed to it in writing in a language you understand. If you work more than 40 hours in a week, including banked hours that you were making up, then you still must be paid at time -and -a -half for any hours over 40. Pay Deductions Employers are not allowed to deduct money from an employee’s pay unless the law allows it or the employee asked for the deduction for his/her own benefit. Examples of r equired or allowed deductions State and federal tax withholding, Social Security and Unemployme nt, Wage garnishments, such as for child support, for health insurance Examples of deductions the employee can agree to Contributions to the worker’s savings or retirement accounts Worker’s share of health insurance premiums Food and drinks - An employer may only deduct the cost of food and beverages from the worker’s pay if the worker chooses it voluntarily, and is allowed to store, prepare, and eat and drink the foods s/he prefers. The employer must not charge more than $1.50 for breakfast an d $2.25 for lunch or dinner, and the deduc tion must not be for more than the actual cost. Housing - An employer must not deduct the cost of your room (housing) if s/he requires you to live in that place . An employer may deduct the cost of your room (hous ing) only if you choose to live there and your housing meets the local and state health code standards for heat, water, and light. The employer must not charge 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. No d eductions are allowed for food, drinks, or housing without your written permission in a language you understand. Public Benefits Social Security & Income Taxes When employees earn more than $1 ,900 a year, the employer must deduct money from your paycheck and send it to the government to fund certain state and federal programs. These tax deductions count as credits towards retirement and disability benefits. For questions on how this works, contact the Social Security Administration: 800 -772 -1213 – www.ssa.gov . Unemployment Benefits Employees who lose their job but are able to work and available and looking for work may qualify for unemployment benefits. To see if you qual ify, contact the Department of Unemployment Assistance: 617- 626-6800 – www.mass.gov/dua . Sick Time, Vacation, and Other Leave Sick Leave You have the right to earn 1 hour of sick time for every 30 hours you work. You may earn and take up to 40 hours of sick leave a year. You must be able to use your sick leave 3 months ( 90 days) after your first day of work. You may use your earned sick time if you or your child, spouse, parent or spous e’s parent is sick or injured or has a routine medical appointment . You may also use sick leave for yourself or your child to deal with domestic violence. Find more information at www.mass.gov/ago/earnedsicktime . Vacation & Personal Days You and your employer may agree on vacation and personal days, and whether these days will be paid or unpaid. Important! If your employer agrees to paid vacation time, you must get paid for any unused vacation time that you ha ve earned when your job ends. Learn more about vacation time at www.mass.gov/ ago/fairlabor . Parental Leave You may take up to 8 weeks of unpaid, job- protected leave for the birth or adoption of a child. Y ou must give the employer at least 2 weeks ’ notice of the dates the leave starts and ends. If your employer does not allow you to take this leave or discriminates against you because of pregnancy or a new child, you may contact the Massachusetts Commission Against Discrimination at 617- 994-6000 or https://www.mass.gov/ mcad . If your employer has 50 or more employees , you may have the right to other kinds of leave, including: Kind of Leave Wh o and wh at it covers Contact Domestic Violence Leave You or a family member related to the domestic violence MA Attorney General?s Office, 617-727- 3465 , www.mass.gov/ago Small Necessities Leave Act You, to take care of some family obligations MA Attorney General?s Office, 617-727- 3465 , www.mass.gov/ago Family and Medical Leave Act (FMLA) You, unpaid, job- protected leave for some family or medical reasons U.S. Dept. of Labor , 617 -624- 6700, www.dol.gov/whd Phone and Internet – Live -in Workers Employer s who have p hone or Internet service must give you free and reasonable access to those services. If they do not have phone or Internet service, they must allow you reasonable opportunities to access those services elsewhere at your own expense. Privacy and Freedom to Come and Go You have the right to privacy, even if you live in the employer’s home. Your employer must not: Monitor or record your private living or sleeping space, or your bathroom, dressing or undressing activities Limit , interfere with, monitor or rec ord your private communications Take, destroy, hide or keep your passport or any of your documents or belongings Force you to work by: o Hurting you, restraining you, causing you financial harm or threatening to do so , or o Abusing the law or legal process, br ibing you or by other illegal method . Injuries at Work If you get hurt while on the job, you 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. For more information, contact the Department of Industrial Accidents: 617 -727 -4900 – www.mass.gov/dia . Immigrant Workers Are Protected State laws that protect workers apply to all workers, including undocumented workers. Warning! An employer who reports a worker to the immigration authorities because the worker complained about a violation of wage and hour law rights or other rights can be charged with a crime. ( M.G.L. c. 149, §§ 27C & 148A ; M.G.L. c. 151 § 19(1) & (5) ) Authorized immigrant workers who work for an employer with at least 3 other employees are protected against discrimination bas ed on their immigration status. For more information, contact the U.S. Department of Justice: 800- 255-7688 – www.justice.gov/crt/about/osc/ . Employers Must Not Discriminate An employer may not discriminate against you based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age, or disability, or for certain other reasons. Sex discrimination includes sex ual harassmen t and pregnancy discrimination. You also have p rotections against harassment based on sexual orientation, gender identity, race, color, age, religion, national origin or disability. It is unlawful for your employer to retaliate against you for complaining of practices that you believe to be discriminat ory. For more information, contact the Attorney General’s Civil Rights Division at (617) 963- 2917 or the Massachusetts Commission Against Discrimination at 617- 994-6000. Termination – Live -in Workers If you live in your employer’s home or at another place your employer requires, you have certain additional rights if you are fired or laid off. Unless you are fired for cause, your employer must give you: Written notice; and At least 30 days of housing where you are now or in similar housing OR s everance pay equal to average pay for 2 weeks . If the employer chooses to provide housing at another location or severance pay, you must have at least 24 hours to move out. If the employer fires you for cause , s/he must give you: Advance written notice; and A reasonable opportunity of at least 48 hours to move out . If the employer makes a written statement in good faith saying you did something that harmed the employer or his/her family or household, t he employer can : End the your job immediately, and Give you no money or time to find new housing. Important! No m atter what the reason for your leaving, the employer must pay you all wages owed , including all accru ed , u nused p aid va ca tion time , when you leave. Employers Must Not Retaliate An employer must not punish or discriminate against you for exercising your rights under the Massachusetts wage and hour laws, including the Domestic Workers Bill of Rights . Those rights appl y 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 of those rights , the employer can be prosecuted and/or subject to civil penalties. Do you have a complaint about your employer? Employers of domestic workers must obey Massachusetts’ wage and hour laws and all of the rights on this Notice. If you have a question or want to file a complaint about a right listed in this notice, you should contact the agency listed in that section. If no a gency is listed, y ou may file a complaint with the Attorney General’s Office . Learn more about filing a complaint online at www.mass.gov/ago/fairlabor . Or call us at (617) 727 -3465.
More Massachusetts Labor Law Posters 13 PDFS
Minimum-Wage.org provides an additional twelve required and optional Massachusetts labor law posters that may be relevant to your business. Be sure to also print and post all required state labor law posters, as well as all of the mandatory federal labor law posters.
|Massachusetts Poster Name||Poster Type|
|Required Workers' Compensation Poster||Workers Compensation Law|
|Required Workers' Compensation Poster (Spanish)||Workers Compensation Law|
|Required Information on Employees' Unemployment Insurance Coverage||Unemployment Law|
|Required Right to Know Workplace Notice||Job Safety Law|
|Required Paid Family and Medical Leave Poster||General Labor Law Poster|
Massachusetts Labor Law Poster Sources:
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