Official Site of The State of New JerseyDomestic Workers' Bill of Rights: What employers need to know
Domestic workers provide in-home services to private households, including child care, house cleaning, care for elderly or disabled individuals, and cooking. They have new protections under the NJ Domestic Workers' Bill of Rights.
Private households who pay a domestic worker for services in their home are likely now considered an employer.
You must inform your employee of their new rights.
Does your employee work more than five hours per month?
You must create a written contract with your employee, in their language.
Did you pay your employee $1,000 or more in 2023 or 2024?
You have additional obligations including registration, payroll contributions and Workers Comp.
If you don’t comply, you could face financial penalties. It is unlawful for you to retaliate against a worker who exercises their rights. Part time babysitters, others engaged in "casual work," dog walkers, and more are excluded from this law.
The New Jersey Department of Labor & Workforce Development (NJDOL) is committed to assisting and protecting domestic workers in New Jersey, regardless of immigration status.
This page includes new protections provided by the Domestic Workers’ Bill of Rights which went into effect July 1, 2024. Regulations have not yet been published. Check back for updates.
Domestic workers provide in-home services to private households, including child care, house cleaning, care for elderly or disabled individuals, and cooking.
Domestic workers now have new rights under the Domestic Workers' Bill of Rights. Jobs covered by the law include:
- nannies
- child care providers
- au pairs
- babysitters
- caretakers or companions for elderly, disabled or convalescing individuals
- house cleaners, cooks, and gardeners
Domestic workers can be hired directly by a household or an agency. Some work for multiple clients. They can be full-time, part-time, or temporary workers. They can be paid a salary or hourly wage, and by cash, check, or direct deposit.
If domestic workers are misclassified as independent contractors but are really employees, or paid cash off the books, they're entitled to their rights under the Domestic Workers’ Bill of Rights – including a written contract.
Some domestic workers live in their employer's home. Live-in workers have additional rights and protections.
NJ Wage and Hour Law and the Domestic Workers’ Bill of Rights cover all workers, regardless of immigration status.
NJDOL does not ask about immigration or citizenship status.
Depending on a worker’s particular situation, NJDOL may be able to provide documentation to assist workers in applying for deferred action or other forms of immigration relief.
NJDOL will not share any information, including with immigration agencies, such as federal DHS or ICE, unless required by law or regulations, or if a worker asks as part of a request for immigration relief.
If domestic workers are misclassified as independent contractors but are really employees, or paid cash off the books, they're entitled to their rights under the Domestic Workers’ Bill of Rights – including a written contract.
Certain workers in private homes do not have protections under the Domestic Workers’ Bill of Rights. They include:
- Family members (biological, in-laws, step family)
- State and federal government employees
- Legal kinship guardians and Kinship Navigator Program caregivers
- Workers for a home-based business, like a home-based daycare
These types of jobs are not covered under the Domestic Workers’ Bill of Rights:
- House-sitters, pet-sitters, dog-walkers
- Repair/maintenance roles: roofers, plumbers, masons, painters etc.
- Casual workers: those with an irregular schedule and doing a job which differs from their usual job. For example, part-time babysitters
These workers may still be covered under other state workplace laws and can be eligible for benefits such as Unemployment Insurance, Temporary Disability and Family Leave Insurance, and Workers' Compensation law. Learn more at myworkrights.nj.gov.
Under the Domestic Workers’ Bill of Rights, a “hiring entity” can be a:
- Private household
- Employment agency: a person/entity that obtains domestic workers for referral
- Referral agency: a person/entity that obtains domestic worker services to place with households, directly or indirectly through placement in a physical or virtual labor pool
- Internet-based or on-demand platform
A hiring entity can also be any person(s) acting directly or indirectly in the interest of the employer in relation to the domestic worker. They may also pay the domestic worker for their services, directly or indirectly.
Some hiring entities are also employers.
An employer sets the terms of employment with their employee, like job duties, wages, and schedules.
A private household – the owner or a resident – is often the employer of the domestic worker.
Domestic workers can be jointly employed. Employers with overlapping employment relationships with another hiring entity are jointly and severally liable for violations of the Domestic Workers’ Bill of Rights.
For example, two households that share the services of an individual domestic worker could be joint employers of the domestic worker. Both would be liable for violations of the law.
Under the Domestic Workers’ Bill of Rights, employers with domestic workers that are not engaged in “casual work” and that work five or more hours a month must provide them with a written contract in their language. It is the employer’s responsibility to create the contract.
“Casual work” is work that is irregular, uncertain, or incidental in nature and duration, and different in nature from the type of paid work in which the employer is customarily engaged.
Referral and employer agencies must also notify employers of this responsibility and provide NJDOL’s model contract to them.
See the “Right to a written contract” tab for more details.
Employers must notify employees of their work rights and how to file a complaint.
NJDOL’s notice of employee rights required by the Domestic Workers’ Bill of Rights will be developed through the rulemaking process. This page will be updated as additional guidance, information, and materials become available.
Retaliation is against the law. See the section titled “Retaliation, complaints and penalties."
If you employ a domestic worker and paid them more than $1,000 in 2023 or 2024, after July 1, 2024 you must register as an employer, file quarterly wage records, and make tax contributions to the state.
1) To become an employer, you will need to:
- Obtain an Employer Identification Number (EIN) from the federal Internal Revenue Service (IRS);
- Register for NJ taxes
- Withhold Unemployment Insurance, Workforce and Temporary Disability Insurance and Family Leave Insurance contributions, as well as Gross Income Tax, from employees’ wages
2) Once you’re an employer, you will need to:
- File form NJ-927H and quarterly forms WR-30 by January 31 of the year following the year wages were paid.
Further guidance for domestic employers regarding filings and contributions is forthcoming.
If you misclassify a domestic worker as an independent contractor but they’re really an employee, or pay cash off the books, they’re still entitled to their rights under the Domestic Workers’ Bill of Rights – including a written contract.
For more information: Rates for new employers and worker withholding
By law, every employer in New Jersey must have Workers’ Compensation insurance for their employees. Under the Domestic Workers’ Bill of Rights, employers of domestic workers are no longer exempt from personal liability and penalties for failure to insure their workers.
Workers' Compensation provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses.
Employers of domestic workers must provide a written notice of Workers’ Compensation insurance coverage, and cancellation of a workers’ compensation policy, to their employees.
Learn more at nj.gov/labor/wc.
Employers must create and keep records on hours worked, pay rate, meal and rest breaks, leave time earned and used, and any existing written agreements.
Under the Domestic Workers’ Bill of Rights, if an employer does not maintain required records, or let NJDOL review records, NJDOL may draw a negative inference with respect to the missing or inaccessible records.
Employers must notify domestic workers before ending their employment.
- Most workers: two-week notice
- Live-in workers: four-week notice
An employer can immediately terminate a domestic worker only if they committed significant misconduct, like abuse or neglect.
If an employer doesn’t notify a worker properly, the worker may be entitled to receive severance pay based on their regular hours and pay.
There are some exceptions to the notification rule:
- If the domestic worker stays on their employment agency’s payroll after a placement ends, the employer does not need to provide a termination notice while the worker waits for a new placement.
- If the domestic worker is employed by an individual, not an agency, and that individual no longer needs the services. For example, if a patient dies and no longer needs health care.
Domestic workers may also be jointly employed. Employers with overlapping employment relationships with another hiring entity are jointly and severally liable for violations of the Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-79a).
Employers can face financial penalties if they do not follow the law.
Referral and employment agencies must provide domestic workers and their employers with information concerning the contract requirements and are required to make NJDOL’s model contract available to the employer.
See the “Right to a written contract” tab for more details.
Domestic workers may also be jointly employed. Employers with overlapping employment relationships with another hiring entity are jointly and severally liable for violations of the Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-79a).
Employers can face financial penalties if they do not follow the law. The amount varies based on how severe the violation is.
If you hire a domestic worker that works more than five hours a month, you must have a written contract with that worker.
It is against the law for you to retaliate against a worker asking for a contract. It is your responsibility to create a contract for your worker.
If you work with a referral or employer agency, they are required to provide NJDOL’s model contract to you.
If you hire a worker jointly employed by more than one entity, all the employers must sign the contract.
Contracts must be in English and the worker's preferred language.
Contracts must include:
- Job duties
- Wages, including overtime
- Work schedule
- Payment frequency
- Breaks, sleeping periods, leave, and paid holidays
- Transportation and housing details
- Term of contract
- Other agreed terms
Contracts cannot:
- Waive legal protections under federal, state or local laws
- Mandate pre-dispute arbitration agreements
- Contain non-disclosure, non-competition, or non-disparagement agreements. These agreements limit what workers can do or say after they leave your employment.
- Prevent workers from performing domestic services after they leave your employment
NJDOL has model written contract available in English, and a version where you can provide a translation in the worker's preferred language.
As bilingual model contracts become available, they will be made available on NJDOL’s website.
Employment and referral agencies are required to provide model contracts to domestic employers.
You must provide your employees notice about work rights and how to file a complaint, even if they work less than five hours per month.
The Domestic Workers’ Bill of Rights requires NJDOL to publish a notice of employee rights. This notice will be developed through the rulemaking process and published on this webpage.
You are required to furnish regular pay of at least the state minimum wage, and the rate agreed to when hired.
If your employee works over 40 hours per week, they are also entitled to 1.5 times their hourly rate for those hours.
Example: If you pay an employee $20 an hour regularly, then you must pay $30 an hour (1.5 x $20) for every hour worked over 40 hours each week.
Your must pay your employees:
- regularly
- at least twice a month
- no more than 10 days after the end of the pay period
You can't require employees to accept direct deposit. You must pay by cash or check if they prefer.
You must provide employees with up to 40 hours of Earned Sick Leave to care for themselves or a loved one. Employees earn 1 hour of sick leave for 30 hours worked. Learn more at mysickdays.nj.gov
You do not have to pay employees when they leave the workplace for personal matters. However, they must be paid for their time at work.
- Pay for being called in: If they're called to work but sent home, they are due at least one hour of pay.
- On-call time: Counts as hours worked if the employee can’t address personal matters while they wait. For example, they're called into work very frequently or their time is very restricted.
- Live-in workers: Must be paid for at least 8 hours for each day they are on duty.
- Breaks: In some circumstances, you need to pay employees during breaks. Learn more under the “Right to breaks” tab.
Under New Jersey law, an employer is permitted to credit toward any wages due the fair value of food and lodging that is provided. An employer does not need to take a credit for food and lodging, but they can choose to do so. Often, an employer choses to take a credit as a way to meet their minimum wage obligation.
You can only charge employees the actual cost of food and lodging. You cannot make a profit from the credit you take. You must keep records of the actual cost of food and/or lodging.
Employers cannot take a credit from employee wages if:
- They can’t determine and record the actual cost of food and lodging.
- If the lodging is not to code, for example, lacks heat or electricity.
- Providing food and lodging mainly benefits the employer. For example, if the employee provides round-the-clock care or if their sleep is regularly interrupted by work, so they must live on-site.
Calculating wages with food/lodging credit
Your employee works 40 hours a week and you pay them $12 per hour. This is below the state’s minimum wage.
However, you provide your employee food and lodging worth $400 a week.
Because you take a credit for the value of food and lodging, the total wages paid are $880. This includes $480 in cash wages ($12 x 40 hours) and $400 for food and lodging.
When you divide $880 by 40 hours, the hourly rate for the week is $22, which is above the minimum wage.
Sometimes employers classify workers as independent contractors when they are really employees. Sometimes employers pay workers cash off the books. This means workers could miss out on work rights and benefits.
Employers can face penalties if they misclassify their workers. Learn more here.
Please note that even you are not registered with the state, and pay cash off the books, your workers are entitled to rights under the Domestic Workers’ Bill of Rights, including a written contract.
Employers must provide workers with 10-minute paid breaks every four hours. You cannot prevent or discourage workers from taking rest breaks.
In some cases, you may provide an “on-duty” rest break during which the employee is not relieved of all work duties. You can only require that the rest break be an “on-duty” rest break when the person under the worker's care cannot be left alone.
During an “on-duty” rest break, your employee should be allowed, as much as possible, to engage in personal activities, such as resting, eating, drinking, or making a personal call.
“On-duty” rest breaks must be agreed upon by both you and your employee in a written agreement. You must pay their normal rate during an “on-duty” rest break.
Your employee can choose to opt out of the on-duty rest break agreement at any time, in writing. Then you must provide them with an uninterrupted paid 10-minute rest break every four hours of work.
Employers must provide employees with a 30-minute meal break after more than five hours worked in a row. You cannot prevent or discourage employees from taking a meal break.
A meal break may be unpaid only if the worker is relieved of all duties and is permitted to leave the worksite during the break. If they are not relieved of all duties or are not permitted to leave the worksite during the meal break, then they must be paid for the meal break.
In some cases, you may require that the meal break be an “on-duty” meal break. You can only require that the meal break be an “on-duty” meal break when the person being cared for cannot be left alone.
“On-duty” meal breaks must be agreed upon by both you and your employee in a written agreement. You must pay their normal rate during an “on-duty” meal break.
During an “on-duty” meal break, your employee should be allowed, as much as possible, to engage in personal activities, such as resting, eating, drinking, or making a personal call.
Your employee can choose to opt out of the “on-duty” meal break agreement at any time, in writing. Then you must provide them with an uninterrupted paid 30-minute meal break every five hours of work.
If your employee lives in your home, you can’t require them to work more than six days in a row without a 24-hour rest period. The 24-hour rest period can be unpaid.
The Fair Labor Standards Act has requirements for sleep time. Under this law, there are situations where an employer can exclude up to eight hours of an employee's on-site sleep from the time that they must be paid.
The requirements vary, depending on if they are a "live-in" employee, and if their shift is more or less than 24 hours.
If sleep time can be excluded, any interruptions to an employee's sleep time by a call to duty must be paid. If they're interrupted so that they cannot get reasonable periods of sleep totaling at least five hours, the entire night must be paid.
The US Department of Labor enforces the Fair Labor Standards Act, not NJDOL. Learn more on their website or contact them at: 609-538-8310 (Southern NJ) or 908-317-8611 (Northern NJ).
Employers cannot:
- Keep original copies of an employee's personal documents (passports, visas, etc.)
- Monitor or record employees:
- using a bathroom
- in their living quarters
- where they get dressed
Employers cannot monitor or interfere with an employee's private communications, like phone calls and emails.
The NJ Domestic Worker Bill of rights requires the Commissioner to adopt occupational safety and health standards for domestic workers employed by individuals in the residences of the individuals from among standards that have been adopted and recognized by the US Department of Labor under the Occupational Safety and Health Act of 1970. Any such standards must be adopted by the Commissioner through formal rulemaking. The formal rulemaking process has yet to be completed.
With the passage of the Domestic Workers’ Bill of Rights, domestic workers are now covered under the New Jersey Law Against Discrimination (LAD).
The New Jersey Law Against Discrimination (LAD) prohibits discrimination and harassment in employment, places of public accommodation, and housing based on certain characteristics. This includes race, nationality, gender, etc.
The NJ Division on Civil Rights enforces the New Jersey Law Against Discrimination. Click here to find out more, or call 973-648-2700.
Employers and agencies cannot punish employees for:
- Filing a complaint
- Talking about an alleged violation
- Talking about their rights
- Punishment includes threats, firing, cutting hours, or other adverse actions.
Employers that break this law may face fines and penalties.
If an employee reports a violation or talks about rights, and faces “adverse actions” within 90 days, NJDOL presumes it’s retaliation.
“Adverse actions” are those discouraging an employee from exercising their rights.
You, the employer, must prove it wasn’t retaliation. This is called a “rebuttable presumption.”
Employers can face financial penalties if they do not follow the law. The amount varies based on how severe the violation is.
Depending on a worker’s particular situation, NJDOL may be able to assist with immigration relief. NJDOL can support deferred action and/or certify U/T visa applications for victims of certain crimes and human trafficking.
Learn more at nj.gov/labor/immigration or email immigration-relief@dol.nj.gov with your questions.
National Domestic Workers Alliance - NJ Chapter
- This organization is a grantee of NJDOL’s CARE program. Contact them to determine if their services are appropriate for you.
Hand in Hand Domestic Employer Network
- This organization is not a State agency, and their services are not officially affiliated with NJDOL. Contact them to determine if their services are appropriate for you.
