Are domestic care workers covered by the FLSA?
When the Fair Labor Standards Act (FLSA) was first introduced in 1938, it covered basic labor rights for employees such as minimum wage standards, overtime and protection for young workers. However, it did not extend those benefits to many workers employed in domestic positions, such as chauffeurs, cooks, maids, home caregivers and nannies.
Since then, the labor market has changed, and while some of the original provisions still apply, amendments to the original FLSA now guarantee workers in these positions additional rights. According to the Department of Labor, employees hired to perform domestic labor or household tasks in a private residence are considered covered and therefore are eligible for those benefits.
Despite coverage, many employees in the industry are still not receiving the wages they are rightfully owed. To help them receive those earnings, New York passed a bill of rights for domestic employees in 2010, and a number of states are looking to move forward with similar measures, according to The Associated Press. Workers in California are currently working to get a bill passed that would guarantee nannies meal breaks and overtime.
If employers are uncertain about the labor rights their workers are lawfully guaranteed, they can consult the FLSA or outsource human resources to ensure they are properly compensating employees.
Since then, the labor market has changed, and while some of the original provisions still apply, amendments to the original FLSA now guarantee workers in these positions additional rights. According to the Department of Labor, employees hired to perform domestic labor or household tasks in a private residence are considered covered and therefore are eligible for those benefits.
Despite coverage, many employees in the industry are still not receiving the wages they are rightfully owed. To help them receive those earnings, New York passed a bill of rights for domestic employees in 2010, and a number of states are looking to move forward with similar measures, according to The Associated Press. Workers in California are currently working to get a bill passed that would guarantee nannies meal breaks and overtime.
If employers are uncertain about the labor rights their workers are lawfully guaranteed, they can consult the FLSA or outsource human resources to ensure they are properly compensating employees.
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