Domestic workers play a vital role in households across Massachusetts, providing essential care and support for families and individuals. However, they are often subject to unique vulnerabilities and challenges in the workplace. As such, it is important for both domestic workers and their employers to understand the legal protections that are available under Massachusetts law. This article will explain the rights of domestic workers in Massachusetts and how to enforce them.

Who is Considered a Domestic Worker? A domestic worker is a person who is employed in a private household to perform domestic services, such as cleaning, cooking, childcare, or elder care. Domestic workers can be hired directly by a household, or they may be employed through a staffing agency.

Rights of Domestic Workers in Massachusetts: Under Massachusetts law, domestic workers are entitled to various rights and protections, including:

1. Minimum Wage: Domestic workers are entitled to be paid at least the state minimum wage for all hours worked. The current minimum wage in Massachusetts is $15 per hour.
2. Overtime Pay: Domestic workers are entitled to overtime pay at one and a half times their regular rate of pay for all hours worked over 40 in a workweek.
3. Workers’ Compensation: Domestic workers are entitled to workers’ compensation benefits in the event that they are injured on the job.
4. Anti-Discrimination Protections: Domestic workers are protected against discrimination based on race, gender, age, disability, or other protected characteristics.
5. Paid Time Off: Domestic workers who work full-time are entitled to at least two weeks of paid vacation time per year, as well as paid sick time and personal days.
6. Notice of Termination: Domestic workers are entitled to notice of termination, as well as severance pay in some cases.
7. Safe and Healthy Work Environment: Employers are required to provide domestic workers with a safe and healthy work environment, free from hazards and health risks.

Enforcing the Rights of Domestic Workers: While domestic workers have legal rights and protections under Massachusetts law, many employers may not comply with these requirements. Domestic workers can take various steps to enforce their rights, including:

1. Keeping Records: Domestic workers should keep detailed records of their hours worked, wages earned, and any other relevant information.
2. Filing a Complaint: If an employer is violating the rights of a domestic worker, the worker can file a complaint with the Massachusetts Attorney General’s Office.
3. Seeking Legal Representation: Domestic workers can seek the assistance of an experienced employment attorney to help enforce their rights and pursue legal remedies if necessary.

If you are a domestic worker in Massachusetts and you believe that your employer may be violating your rights, it is important to seek guidance from an experienced employment attorney.

Contact us today to schedule a consultation and learn more about your rights and options under Massachusetts and federal law. Similarly, if you are an employer of a domestic worker, it is important to understand your obligations and ensure that you are complying with all applicable laws and regulations.