Massachusetts Legal Rights of Domestic Workers Poster

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.