Official Site of The State of New JerseyRights for Domestic Workers
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.
EMPLOYERS: Click here to learn about your new obligations under the law.
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The New Jersey Department of Labor & Workforce Development (NJDOL) is committed to assisting and protecting domestic workers in New Jersey, regardless of immigration status.
The Domestic Workers’ Bill of Rights 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 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 you’re misclassified as an independent contractor but are really an employee, or paid cash off the books, you’re entitled to your 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 you’re misclassified as an independent contractor but are really an employee, or paid cash off the books, you’re entitled to your 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.
If you’re a covered domestic worker that works more than five hours a month, your employer(s) must have a written contract with you.
It is against the law for your employer to retaliate against you for asking for a contract. It is their responsibility to create a contract for you.
If you have a referral/employer agency, they are required to provide NJDOL’s model contract to your employer.
If you are jointly employed by more than one entity, all the employers must sign the contract.
Contracts must be in English and your 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 you can do or say after you leave your employer.
- Prevent you from performing domestic services after you leave your employer
NJDOL has model written contract available in English, and a version where the employer can provide a translation in the worker's preferred language.
As bilingual model contracts become available, we will post them here.
Employment and referral agencies are required to provide this model contract to your employer.
Your employers must provide notice about your work rights and how to file a complaint, even if you 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 entitled to regular pay of at least the state minimum wage, and the rate agreed to when hired.
If you work over 40 hours per week, you are also entitled to 1.5 times your hourly rate for those hours.
Example: If you are paid $20 an hour regularly, then the employer must pay you $30 an hour (1.5 x $20) for every hour worked over 40 hours each week.
Your employer must pay you:
- regularly
- at least twice a month
- no more than 10 days after the end of the pay period
Your employer can’t require you to accept direct deposit. Your employer must pay you by cash or check if you prefer.
Your employer must provide you with up to 40 hours of Earned Sick Leave to care for yourself or a loved one. You earn 1 hour of sick leave for 30 hours worked. Learn more at mysickdays.nj.gov
An employer does not have to pay you when you leave the workplace for personal matters. However, you must be paid for your time at work.
- Pay for being called in: If you’re called to work but sent home, you are due at least one hour of pay.
- On-call time: Counts as hours worked if you can’t address personal matters while you wait. For example, you’re called into work so frequently or your time is very restricted.
- Live-in workers: You must be paid for at least 8 hours for each day you are on duty.
- Breaks: In some circumstances, your employer needs to pay you during your 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.
The employer can only charge you the actual cost of food and lodging. They cannot make a profit from the credit they are taking. They must keep records of the actual cost of food and/or lodging.
Employers cannot take a credit from your 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 them. For example, you provide round-the-clock care or if your sleep is regularly interrupted by work, so you must live on-site.
Calculating wages with food/lodging credit
You work 40 hours a week and are paid $12 per hour. This is below the state’s minimum wage.
However, your employer also provides you with food and lodging worth $400 a week.
Because your employer gets a credit for the value of the food and lodging, your total wages 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, your 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.
If you are misclassified as an independent contractor or paid cash off the books, you’re not at fault, but you could miss out on work rights and benefits.
Employers can face penalties and you may be entitled to financial compensation if you’re misclassified. Learn more here.
Please note that even if your employer is not registered with the state, and pays cash off the books, you’re entitled to your rights under the Domestic Workers’ Bill of Rights, including a written contract.
Employers must provide you with 10-minute paid breaks every four hours. Employers cannot prevent or discourage you from taking rest breaks.
In some cases, an employer may provide an “on-duty” rest break during which you are not relieved of all work duties. They can only require that the rest break be an “on-duty” rest break when the person you are caring for cannot be left alone.
During an “on-duty” rest break, you 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 employer in a written agreement. You must be paid your normal rate during an “on-duty” rest break.
You can choose to opt out of the on-duty rest break agreement at any time, in writing. Then your employer must provide you with an uninterrupted paid 10-minute rest break every four hours of work.
Employers must provide you with a 30-minute meal break after more than five hours worked in a row. Employers cannot prevent or discourage you from taking a meal break.
A meal break may be unpaid only if you are relieved of all duties and are permitted to leave your worksite during the break. If you are not relieved of all duties or are not permitted to leave your worksite during the meal break, then you must be paid for the meal break.
In some cases, an employer may require that the meal break be an “on-duty” meal break. They can only require that the meal break be an “on-duty” meal break when the person you are caring for cannot be left alone.
“On-duty” meal breaks must be agreed upon by both you and your employer in a written agreement. You must be paid your normal rate during an “on-duty” meal break.
During an “on-duty” meal break, you should be allowed, as much as possible, to engage in personal activities, such as resting, eating, drinking, or making a personal call.
You can choose to opt out of the “on-duty” meal break agreement at any time, in writing. Then, your employer must provide you with an uninterrupted paid 30-minute meal break every five hours of work.
If you live in your employer’s home, you can’t be required to work more than six days in a row for that employer 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 your on-site sleep from the time that you must be paid.
The requirements vary, depending on if you are a "live-in" employee, and if your shift is more or less than 24 hours.
If your sleep time can be excluded, any interruptions to your sleep time by a call to duty must be paid. If you're interrupted so that you 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 any personal documents (passports, visas, etc.)
- Monitor or record you:
- using a bathroom
- in your living quarters
- where you get dressed
They cannot monitor or interfere with your 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 to file a complaint, or call 973-648-2700.
Your employer or agency cannot punish you for:
- Filing a complaint
- Talking about an alleged violation
- Talking about your rights
- Punishment includes threats, firing, cutting hours, or other adverse actions.
Employers that break this law may face fines and penalties.
If you report a violation or talk about rights, and face “adverse actions” within 90 days, NJDOL presumes it’s retaliation.
“Adverse actions” are those discouraging you from exercising your rights.
Your employer must prove it wasn’t retaliation. This is called a “rebuttable presumption.”
If you believe your employer has retaliated against you, you can file a complaint.
It is important to file a complaint as soon as possible because it helps with our investigation. You can write down the details of what happened on the complaint form.
Violations related to pay and hours worked, contracts, breaks, privacy, misclassification, notice and record requirements:
- Keep track of the hours you worked, pay, and employer’s contact information.
- You can make a complaint online or call 609-292-2305.
- A trusted person can help file a complaint or email NJDOL on your behalf. NJDOL also has multilingual staff who can help.
- NJDOL can issue penalties and fines against employers that do not comply with the law.
- Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. Click here for more information.
Violations related to health and safety:
- 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.
Violations related to discrimination:
- The NJ Division on Civil Rights enforces the NJ Law Against Discrimination. Click here to find out more or to file a complaint, or call 973-648-2700.
Employers can face financial penalties if they do not follow the law.
In some cases, your employer may be required to pay you if they violate the law.
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.
By law, every employer in New Jersey must have Workers’ Compensation insurance for their employees.
Workers' Compensation provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. If you are injured on the job, tell your employer.
Employers must provide you with written notice of insurance coverage and notice if a policy is canceled. Learn more at nj.gov/labor/wc.
If you lose your job or work hours through no fault of your own, you could be eligible for Unemployment Insurance.
- There are minimum earnings requirements. These requirements can be met across multiple employers.
- For earnings with your employer to count, you must have earned at least $1,000 during the past or current calendar year with them.
- To apply, you must be authorized to work in the US.
If an employer is not registered with Employer Accounts, you could be eligible for benefits, so you are still encouraged to apply. Learn more at myunemployment.nj.gov.
If you cannot work because you must care for your own or a loved one’s illness or injury, bond with a new child, recover from pregnancy/childbirth, or cope with domestic/sexual violence, you could receive cash benefits.
- There are minimum earnings requirements. These requirements can be met across multiple employers.
- For earnings with your employer to count, you must have earned at least $1,000 during the past or current calendar year with them.
- To apply, you must have a valid social security number.
Learn more about these programs at myleavebenefits.nj.gov.
If an employer is not registered with Employer Accounts, you could still be eligible for benefits, so still apply.
Your job(s) may also be protected under State/Federal law.
Browse job openings, take free online courses, and get personalized career support at nj.gov/labor/career-services.
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.
