Domestic Workers Thesis
Domestic Workers
Thesis and Outline
Domestic workers in the United States should have legal working rights set up for them so that they are not taken advantage of for what they do.
Introduction
A: “There are at least 1.8 million workers work as domestic workers in American homes.” http://www.excludedworkerscongress.org/domestic-workers B: With the amount of domestic workers in the United States what are there any laws to assist them when it comes to labor?
Body:
A: What the conditions are for many immigrants working as domestic workers?
Hours, pay, work load, living B: Stories of other domestic workers
Vilma’s Story
Shanti’s Story C: The rights of domestic workers
New York’s Domestic Workers Bill of Rights …show more content…
D: State of Florida’s rights for domestic workers
Many domestic workers do not qualify for Florida’s minimum wage E: Federal laws protecting domestic workers
Fair Labor Standards
F: Ninaa’s options
Ninaa does have the ability to sue the family she worked for
Conclusion
A: Domestic workers have a dirty job, need to quit being taken advantage of and be treated fairly. Domestic workers need to be appreciated for what they do.
Introduction
“There are at least one million eight hundred thousand workers work as domestic workers in American homes” (Lee, 2012).
This number is not one hundred percent accurate due to the fact that there are many unregistered domestic workers with in the United States. These numbers are made up by both people that are legal to work as well as illegal immigrants that have come to the states seeking a new life. Many of these nannies do not live what many would call the “Mary Poppin’s way” when it comes to being a nanny. Many of them are mistreated and taken advantage of. With the amount of domestic workers in the United States what are there any laws to assist them when it comes to labor? There are more laws to protect the legal workers as appose to the illegal immigrants. Domestic workers in the United States should have legal working rights set up for them so that they are not taken advantage of for what they …show more content…
do.
Niniaa’s Situation
Ninaa is a Haitian woman that works as a domestic worker in St. Petersburg, Florida. She came to Florida to make a better life for her and her family. She is taking care of a disabled boy, named Jimmy in order to be able to pay the medical bills for her own son who has autism. Nina currently works full time to take care of the boy as well as all of the housekeeping tasks such as cleaning and cooking for a household of six people. Her work days consist of a minimum of eighteen hours a day, at least six days a week, and for five dollars an hour. The place where she was allowed to live while taking care of everyone is in the basement of the house. The basement has horrible living conditions because there is leaking sewage and she was sleeping on cardboard and plastic.
Ninaa worked in these conditions with out complaint for four years. With no notice the employer terminated her during the week of Thanksgiving. The employer did not offer her a time period to find somewhere to go, they just told her she had to leave immediately. They did not offer severance, or an explanation.
Domestic Workers
“Domestic workers, most of whom are women, care for the things families value the most: children, homes, parents, and neighbors. The care they provide makes all other work possible for millions of families in the United States” (Design Action Collective, 2012). Domestic workers are people that provide care for almost anything within a house hold. Many of them are nannies that take care of the kids all summer and after school during the school year. Along with taking care of the children many of them also do chores around the house such as cleaning or cooking. There are also people that care for the elderly by taking care of them, their homes, and their well being. In many situations the domestic worker is taking care of the household so that the adults in the household are able to work. By hiring a domestic worker it allows the employers to not have to worry about cleaning up around the house, making dinner, or having to be around in time for the kids to get off the bus. These things are taken care of for them.
In many cases such as Ninaa’s situation there are many nannies that work long hours. These nannies get up in the morning and take care of the children, work around the house all day, and are the ones to put the children to bed at night. These nannies are mainly the ones that actually live in the household like Ninaa did. Working long days and not being paid any extra for the overtime worked can be very hard on the domestic worker. Since they are always working they have no time for themselves, let alone having time to spend with their own families.
Vilma’s Story
“Like many domestic workers, Vilma Serralta lived in her employer’s home. For four years, the 71-year old immigrant from El Salvador labored 80 hours a week as a live-in housekeeper and nanny in the Atherton home of Silicon Valley entrepreneur Sakhawat Khan and his wife Roomy, a private investor” (Legal Aide Society). Vilma worked for the family for four years taking care of their home and their daughter. Not only did Vilma take care of the family’s daughter but she loved her and treated her as if she was her own daughter. Vilma was forced to work long hours which most of the time consisted of fourteen hour days. She also worked at least six to seven days a week. The family did not allow her to take time off and she was never paid any overtime. “She was paid a monthly salary equivalent to between $3 and $4 per hour—far below the minimum wage at the time of $6.75 per hour” (Legal Aide Society).
“When Serralta was abruptly fired in 2006, she sought legal assistance from the Legal Aid Society–Employment Law Center and La Raza Centro Legal, Inc. The two organizations filed suit in U.S. District Court, claiming that her employers had violated federal and state worker protection laws” (Legal Aide Society). Vilma, like Ninaa was abruptly fired from working with her family. Vilma was not given any notice and had no idea why she was being fired. This left Vilma with a huge decision to make about what she was going to do since she really had no where to go. When Vilma decided to go after the family she stated “I didn’t do this for revenge, I simply wanted justice. I do not want anyone else to go through what I did” (Legal Aide Society). Vilma went after the family that she worked for not only for her self but for other domestic workers as well. She knew that if she did not try to get something from the family that she was letting herself down along with other domestic workers. Vilma ended up settling with the family before it went to court; in the end she still won the case.
Shanti Gurung’s Story
Shanti was a domestic worker for an Indian diplomat. She worked for a person that earned a lot of money and had no reasons why he could not afford to pay his employee a fair amount of pay and treat her with respect for what she does. “Ms. Gurung’s case is extreme – she was forced to work 16 hours a day, paid a total of $120 (around 5,500 rupees) for the three years she worked and lost 63 pounds, dropping to 84 pounds, court documents say. She slept on the living room floor and was only allowed to eat leftovers” (Vora, 2012). Shanti was treated horribly while working for the Indian diplomat. She was working extremely long days with little if any time off. Shanti was never paid any overtime for the extra hours she worked all the time, and had little time to spend with her husband. When it comes to having a domestic worker from India some of the employers have said “she was going back to India eventually anyway and thanks to him, she would have more than enough money saved to support her whole family for the rest of their lives” (Vora, 2012). What is disheartening is that the employers see nothing wrong with how they are treating their employees. The employers feel that they are actually helping the domestic workers because they are being paid more then they would be back home. However, even though they are making more then they would back home they are making no where near what they would need to make to afford a living in the United States.
When Shanti Gurung decided to leave her employer and go after him in the courts she knew it was not going to be easy beings that her employer was an Indian diplomat. “Some court decisions have made it difficult for domestic workers of diplomats to raise FLSA claims against their employers,” said Dana Sussman, an associate with the Manhattan-based employment law firm Outten & Golden LLP (Vora, 2012). Many diplomats are immune from being charged in the United States court system; although in Shanti’s case it did not go in the diplomat’s favor. Not only did Shanti win her court case she cost the Indian diplomat over one million dollars in the charges against him. “Shanti Gurung, a 22 year-old Indian maid, was recently awarded $1.5 million in damages by a United States district judge after her three years of service with an Indian diplomat and her husband” (Vora, 2012).
By Shanti taking her employer to court she opened the door for many other domestic workers. Shanti proved that no matter who you are employed by you do have rights and your rights should be respected. Shanti may only be twenty-two years old but she is a star in the world of domestic workers after this case. Shanti used to her advantage that she was in the United States and she was living in one of the few states that actually have a bill of rights specifically for the domestic workers.
Domestic Workers Bill of Rights
Recently the state of New York has passed a Domestic Workers Bill of rights to aid in protecting the domestic workers. “Pay your worker at least the minimum wage (seven dollars and twenty-five cents per hour). You may need or choose to pay more than the minimum wage” (New York State Department of Labor). By the state giving a minimum standard for compensation this helps the domestic workers tremendously. It does not allow the employers to take as much advantage of the workers by only paying them less then five dollars an hour for any time that is worked. Along with the minimum wage the bill of rights has standards for overtime pay as well. “Pay overtime at one and a half times your employee’s basic rate after forty hours of work in a calendar week. If your employee lives in your home, you must pay overtime after forty-four hours of work in a week” (New York State Department of Labor). Having a law for overtime is a major plus as well for the domestic workers. As we saw earlier many workers like Ninaa are forced to work eighteen plus hour work days taking care of the household. When the employers are forcing them to work such long days they will be greatly rewarded with the overtime pay. It is either that or the employers will be forced to not make them work so much since they do not want to pay the overtime. During the work day “if you work a shift of more than 6 hours on any day, you are entitled to at least 30 minutes free from duty for a meal period, of which the employer does not have to pay you for this time” (New York State Department of Labor). This allows the workers to get some time to themselves once every six hours of work for at least a half hour. Since the employers do not have to pay them for this time if it is taken it adds a half hour to the end of their day, or they will just lose a half hours worth of pay.
The Domestic Workers Bill of Rights also has a high influence on domestic workers being able to have time off. In Ninaa’s case she worked a minimum of six days a week. Ninaa had a child with a medical condition that she was not able to take care of and tend to because of these long working hours. The bill has standards to “provide one day (twenty-four hours) of rest per week. If your employee agrees to work on that day, you must pay overtime. The law encourages you to (where possible) set your employee’s day of rest to coincide with their day of worship, if they have one” (New York State Department of Labor). With this law it provides at least a full twenty-four hour period for the domestic worker to not have to deal with the house hold at all. They are allowed one full day to be able to do their own thing. These workers need to be able to spend time with family and take care of their own needs. If the worker decides to give the ok to work on these days it also allows them to be paid overtime pay. This is an incentive for the worker and a negative for the employer. If the domestic worker needs more money then they will offer to work, however many employers do not like to pay overtime if they can avoid it. To also aid the domestic workers in being able to manage their own lives the bill gives them rights to time off of work. “Give at least three paid days off after one year of work for you. Again, you may provide more than three paid days off” (New York State Department of Labor). This allows the workers to be able to have three days of their choosing with approval of the employer to be able to take off and be with there families or to take care of personal needs.
Along with the salary requirements and the restrictions on hours or time off the employers are also required to carry certain insurances on the employee. “You must pay taxes for unemployment insurance for your employee(s). If your employee works at least forty hours per week, you must provide Workers’ Compensation Insurance. This covers them in case they are hurt on the job” (New York State Department of Labor). These insurances are a big benefit to the employee. Since the employers have to carry the unemployment taxes for the employee it at least gives them a sense of comfort knowing if something does happen that they will have unemployment to live on until they find another job. The workers compensation also protects them because if they have no insurance and were to get hurt while working at the house they would have no way of paying the bills. The workers compensation guarantees the workers that it will be covered if they do happen to break an ankle or arm while on the job.
The employees are only required to provide the unemployment and workers compensation insurances. “You are not required to provide health insurance for your employee(s) or their families (New York State Department of Labor). Since the employers are not forced to take out insurance on the workers there are many workers that do not have health insurance. There are some options for the domestic workers to get health insurance. There are companies out there that provide insurance for low cost specifically for low income people. These companies do this so that they at least have some kind of insurance to back them up in case anything does happen.
These laws were set forth in 2010 in order to help protect all of the domestic workers in the state of New York. However, even though this bill of rights was set up there were many people that were not following it because they did not know about it. “Ms. Francois, an organizer for the advocacy group Domestic Workers United, asked the women if they were familiar with the state’s new Domestic Workers’ Bill of Rights, better known as the “nanny law.” The two nannies, both from the West Indies, shook their heads” (Semple, 2011). These nannies had no clue about any of the laws that were put into place. It did not seem to be very herd of by many of the workers and of course most employers were not going to push the idea until their employees knew about the bill. “Proponents hoped the law would quickly lend some clarity to a murky relationship that workers and employees have had to negotiate without a defined sense of what is fair. And they did not expect change to come easily: Many domestic workers are illegal immigrants and may be afraid to speak up, and many employers pay workers under the table and may not be inclined to negotiate new terms that could cost more” (Semple, 2011). Many employers knew that they had workers that were afraid to speak up to get the benefits they deserved. These individuals were living in fear that if they confronted their employer that they would go as far as losing their jobs. Therefore, it has taken a large amount of time for the employees and employers to realize these bills and put them into practice. As soon as some domestic workers started standing up for themselves others seemed to follow in their footsteps.
Ms. Francois, one of the volunteers for domestic workers, had her own thoughts on how to get the word out that the laws have changed. ““It comes down to marketing,” he said. “Maybe we should put a Domestic Workers’ Bill of Rights on each and every refrigerator door just to let people know.”So Ms. Francois and other volunteers for Domestic Workers United have been combing the New York region playgrounds, subway stations, churches and immigrant neighborhoods finding and educating members of what has largely been an underground economy” (Semple, 2011). Ms. Francois along with many other volunteers decided it was time to really get the word out to other domestic workers. They took matters into their own hands and went out, printed out fliers, and gave them to any domestic worker that they saw while they were out. They would take the time to explain that the individual qualifies for these rights and what their benefits are. They then encourage them to take it to their employer and enforce the bill of rights.
Rights in Florida
These rights from the Domestic Workers Bill of Rights are only valid in the state of New York. Many other states are trying to get these rights to be effective in their states as well; however they have not been passed yet. Ninaa currently resides in the state of Florida, which does not have many specific rights for domestic workers.
“The 2012 minimum wage in Florida is $7.67 per hour, effective January 1, 2012, with a minimum wage of at least $4.65 per hour for tipped employees, in addition to tips” (http://www.floridajobs.org). This minimum wage is comparable to the minimum wages in the state of New York. However, does the minimum wage apply to domestic workers? “The following are examples of employees exempt from both the minimum wage and overtime pay requirements: Domestic service workers who reside in their employers ' residences, Employees who lack a high school diploma, or who have not completed the eighth grade” (http://www.dol.gov). The state of Florida does not provide minimum wage rights for domestic workers when they do reside in the home of the employer. They also do not protect people that do not have an education. Many of the domestic workers are foreign workers who were never even given the opportunity to have an education where they came from, therefore they would not even be close to having a diploma, let alone completed eighth grade.
Fair Labor Standards
The Fair Labor Standards act does however support domestic workers in some ways. The federal law does out way state laws and it is what will hold up in court. “Federal law will cover most domestic workers. To comply with the FLSA, you must pay your employee an amount at least equal to minimum wage for every hour that your employee works” (Kaft, Kaft, 2011). This law at least sets a standard for the minimum wages a domestic worker in the United States can make. The downside of this law is that federal minimum wage in most cases is far less then the state minimum wages. “Some states set a minimum wage higher than the federal government’s standard, so you should verify that your pay rate complies with the appropriate standard” (Kaft, Kaft, 2011). The state of Florida minimum wages may be almost eight dollars an hour, however “The current Federal Minimum Wage is seven dollars and twenty-five cents per hour” (http://www.minimum-wage.org). There is not too much of a difference between the federal minimum wage and the Florida state minimum wage at this time. However, every penny counts for the workers.
If the employees do not pay them at least federal minimum wage the workers do have a case if they are to take the employer to court. In Ninaa’s case she was only being paid five dollars an hour to work for her family. That is two dollars and twenty-fives cents less an hour then what minimum wage is. The employers are allowed to lessen the income since they are providing a place to live and meals; however they are not allowed to lower their income by that much. If Ninaa were to take her employer to court under the minimum wage laws by Federal Labor Standards Act then the employer would have to pay her the difference between what she was being paid and what minimum wage was for all four years that she worked for them.
Ninaa’s Options
The state of Florida does not break down the living conditions of which the employees are allowed to live in, like the New York Domestic Labor Bill of Rights does. This is a draw back for Ninaa. Since the state does not have any laws on what the living conditions are for their workers she does not have much to fight with in court except for the sympathy of the judge that is doing the case. Since the living conditions were horrible with leaking sewage because of bad pipes and having to sleep on plastic and cardboard that she found she may be able to draw some sympathy from the judges. She will also try to use the fact that it was just before a holiday and she has a family to gain sympathy of the judge.
My opinion for the rights of domestic workers is that the bill of rights that has been passed by the state of New York should become federal law. These domestic workers take care of people’s families and homes so that they can live their lives, work, and have fun. These people know that they do not have to worry about when their laundry gets done or who is going to get their kids off the bus. Employers of domestic workers should appreciate the work that they do and compensate them for it.
The down side if this was to become a law would be completely on the employer’s side. Having a domestic worker would be a lot more costly to the employer. The employer is required to pay minimum wage, has standards on the amount of hours their workers are allowed to work, and also has to carry the different types of insurance on them. Since the employers have a lot higher cost to their employees some of them may try to find other ways around it, and some of them may not even higher a domestic worker.
If the Domestic Workers Bill of rights from the state of New York were to become a federal law we would see a huge change in the world of domestic workers. I think that domestic workers would start to feel a little more appreciated because there would be laws backing them up for how they are treated. The workers would not be stuck in situations like Ninaa is because of these laws. They have to give notice when they no longer want to have them employed which would have helped Ninaa tremendously, as well as the unemployment benefits. These laws also protect the living conditions of where the domestic workers will stay. The employers are not able to just send their workers to a basement with leaking sewage, and only a piece of cardboard to sleep on. If they were to do this in New York it would be considered abuse.
Ninaa should find a good lawyer and take the employer that she worked for to court. At a minimum Ninaa will be able to recover wages lost from her being paid less then what she should have been. If Ninaa was working for four years at a minimum of six days a week for four years she would have worked twenty-two thousand, four hundred sixty four hours while working for her employer. If we use the standard of live in nannies working forty-four hour work weeks at regular rate she would have worked nine thousand one hundred and fifty-two hours. Ninaa has accumulated thirteen thousand, three hundred twelve hours of overtime during her four years of service. Her employer would be required to pay her the difference in minimum wage for the normal hours worked, along with the overtime pay that she qualified for.
If we go off of Shanti’s case then it is possible that NInaa could win more then just the hours lost. Shanti had only worked for three years for the Indian diplomat. The courts may have been a little harsher because of the employer being a diplomat. The courts tend to set examples with high end people that they know have a lot of money. Either way if NInaa were to enlist the help of a good lawyer and support from domestic worker programs she has a great shot at winning her case.
After Ninaa goes to court and at least collects the amount of wages lost she should have enough money to move elsewhere. If I were Ninaa I would be taking my money and running to the state of New York to find a new job in domestic work. Ninaa and many other domestic workers would be a lot better off if they were to be working under the standards of the Domestic Workers Bill of Rights. The domestic workers of the United States deserve to have laws that protect them from bad employers.
The other option that Ninaa has is to take her money and get out of the field of domestic work. Ninaa could look into finding herself another job to support her and her family. After all if she wins her case she should have enough money to support her and her family for awhile. This would give her time to find a better place to live and a better employer.
Conclusion
Being a domestic worker in the United States or any other country for that matter is not easy. Being a domestic worker is really a dirty job. The domestic workers are expected to do many things that normal employees are not expected to do. In many cases domestic workers have been forced to work extremely long hours with out any overtime pay, treated poorly, and many times forced to live in what most people would consider unlivable conditions. With such horrible conditions there are still “at least one million eight hundred thousand workers work as domestic workers in American homes” (Lee, 2012).
Domestic workers have to start taking a stand for themselves when it comes to being treated fairly. The more individuals that take a stand for themselves the easier it is going to get for many other domestic workers. Many of them are afraid to take a stand for fear that they will be left to live out on the streets, or worse in the cases of individuals working as domestic workers on a visa could be deported. Domestic workers have formed many support groups in order to help each other find fair treatment. They also support one and other when they need to fight for their rights. These groups have people that research the laws and are able to find out exactly what each individual can do in order to help their situation. If more of the domestic workers join these groups they will benefit from their findings by being more informed and having the ability to stand up for themselves.
The end result is that the domestic workers need to come together to form a nation wide support group. The more people that an individual has behind them when fighting for their rights the more likely they are to win when going up against even the nastiest employer. Even if the employer thinks there is no chance of losing when the judges see all of the support that is out there then they are bound to fight for the rights of the domestic workers as well.
Annotated Bibliography
Design Action Collective . (2012). Domestic Workers Unite. Retrieved from http://www.domesticworkersunited.org/index.php/en/
Domestic workers unite was founded in 2000 by a Filipinia domestic workers organization. This organization fights for the rights of domestic workers. It has given me an insight as to what domestic workers really do, how they are treated , and what they are fighting for. Domestic workers care and provide for families and children all over and deserve to be treated fairly.
Kraft, R. A., & Kraft, K. M. (2011). Legal Pitfalls When Hiring Domestic Help. American Bar Association, Retrieved from http://www.americanbar.org/publications/gp_solo/2011/october_november/legal_pitfalls_hiring_domestic_help.html
This source gave you a perspective from both the employer and the employee view.
It gives the pluses and minuses of hiring a domestic worker. This site lays out the requirements that someone looking to hire a domestic worker would have to follow. This source gives you the federal regulations for how domestic workers are to be paid.
Lee, K. (2012). The Excluded Workers Congress. Retrieved from http://www.excludedworkerscongress.org/domestic-workers
The Excluded Workers Congress really breaks down the job of a domestic worker. There are over 1.8 million domestic workers in the United States. Domestic workers do not have the right to collectively bargain, and their wages were less then half that of the national median at the time it was written are just some of the main factors of this site.
Legal Aide Society. Employment Laws Protect Live-In Domestic Workers. Retrieved from http://www.las-elc.org/case-serralta.html
Legal Aide Society has the story of 71 year old Vilma that worked for her employer under extreme conditions. It is the story of how she decided to stick up for herself and leave her the family she was working for. Not only did Vilma leave the family but she also went after them to fight for her rights. Vilma’s case did not actually make it to court as the family settled but it was a huge movement for nannies all over that need the extra push to take a
stand.
New York State Department of Labor. Domestic Workers Bill of Rights, retrieved from http://www.labor.ny.gov/legal/domestic-workers-bill-of-rights.shtm
The Domestic Workers Bill of Rights is one of the biggest things that could happen for domestic workers. This bill was created in New York in 2010 and has not been adopted by all states at this time. However, it is a huge start for the rights of domestic workers. The bill breaks down everything from how a domestic worker is paid, to time they should be allowed off, to what benefits they should receive. I think creating this bill is a big step in the right direction for domestic workers of the United States.
Semple, K. (2011, April 14). A Boon for Nannies, if Only They Knew. New York Times . Retrived from http://www.nytimes.com/2011/04/15/nyregion/few-domestic-workers-know-about-law-protecting-them.html?_r=2
“A Boone for Nannies, if Only They Knew” is about and advocacy group for nannies. Mrs. Francois who is a domestic worker from Trinidad is making a point to inform as many nannies in the state of New York of the Bill of Rights that has been created. Even though this bill was created there are many nannies as well as employers that do not know of its existence. The goal of Mrs. Francois is to inform all of them of the existence of the bill and to make sure that nannies are being treated properly, as well as know that they have something to back them up.
Vora, S. (2012). Is The ‘$1.5 Million Maid’ an Isolated Case? New York Times. Retrieved from http://india.blogs.nytimes.com/2012/03/28/is-the-1-5-million-maid-an-isolated-case/
This is the story of Shanti Gurung who was a 22 year old nanny for an Indian diplomat. She was treated horribly while working as a domestic worker for him. She did not think she was going to be able to go after the Indian diplomat that she worked for because of his title. She did end up going after him, not only did she win, but she was awarded $1.5 million. This story is another huge success for domestic workers and shows them that they do have a chance if they take a stand for themselves. http://www.dol.gov/compliance/guide/minwage.htm The United States Department of labor site shows the current laws regarding labor with in the United States. This site shows who is covered by the laws as well as what the requirements are to be covered by the federal laws. http://www.floridajobs.org The Florida minimum wage site simply shows what the current minimum wage is in the state of Florida. It also breaks down how an individual is qualified to work at the minimum wage rate in the state of Florida. This site shows that Florida does not have very good laws for nannies when it comes to minimum wage. http://www.minimum-wage.org/federal-minimum-wage Federal minimum wage site was used to find out what the current minimum federal wages were. I also learned about the minimum rate of employees that earn tips. The only way to pay workers less then minimum wage is if they are either under the age of 18, or the company is a nonprofit company and they have received a certificate of approval to pay less then minimum wage.
Thesis and Outline
Domestic workers in the United States should have legal working rights set up for them so that they are not taken advantage of for what they do.
Introduction
A: “There are at least 1.8 million workers work as domestic workers in American homes.” http://www.excludedworkerscongress.org/domestic-workers B: With the amount of domestic workers in the United States what are there any laws to assist them when it comes to labor?
Body:
A: What the conditions are for many immigrants working as domestic workers?
Hours, pay, work load, living B: Stories of other domestic workers
Vilma’s Story
Shanti’s Story C: The rights of domestic workers
New York’s Domestic Workers Bill of Rights …show more content…
D: State of Florida’s rights for domestic workers
Many domestic workers do not qualify for Florida’s minimum wage E: Federal laws protecting domestic workers
Fair Labor Standards
F: Ninaa’s options
Ninaa does have the ability to sue the family she worked for
Conclusion
A: Domestic workers have a dirty job, need to quit being taken advantage of and be treated fairly. Domestic workers need to be appreciated for what they do.
Introduction
“There are at least one million eight hundred thousand workers work as domestic workers in American homes” (Lee, 2012).
This number is not one hundred percent accurate due to the fact that there are many unregistered domestic workers with in the United States. These numbers are made up by both people that are legal to work as well as illegal immigrants that have come to the states seeking a new life. Many of these nannies do not live what many would call the “Mary Poppin’s way” when it comes to being a nanny. Many of them are mistreated and taken advantage of. With the amount of domestic workers in the United States what are there any laws to assist them when it comes to labor? There are more laws to protect the legal workers as appose to the illegal immigrants. Domestic workers in the United States should have legal working rights set up for them so that they are not taken advantage of for what they …show more content…
do.
Niniaa’s Situation
Ninaa is a Haitian woman that works as a domestic worker in St. Petersburg, Florida. She came to Florida to make a better life for her and her family. She is taking care of a disabled boy, named Jimmy in order to be able to pay the medical bills for her own son who has autism. Nina currently works full time to take care of the boy as well as all of the housekeeping tasks such as cleaning and cooking for a household of six people. Her work days consist of a minimum of eighteen hours a day, at least six days a week, and for five dollars an hour. The place where she was allowed to live while taking care of everyone is in the basement of the house. The basement has horrible living conditions because there is leaking sewage and she was sleeping on cardboard and plastic.
Ninaa worked in these conditions with out complaint for four years. With no notice the employer terminated her during the week of Thanksgiving. The employer did not offer her a time period to find somewhere to go, they just told her she had to leave immediately. They did not offer severance, or an explanation.
Domestic Workers
“Domestic workers, most of whom are women, care for the things families value the most: children, homes, parents, and neighbors. The care they provide makes all other work possible for millions of families in the United States” (Design Action Collective, 2012). Domestic workers are people that provide care for almost anything within a house hold. Many of them are nannies that take care of the kids all summer and after school during the school year. Along with taking care of the children many of them also do chores around the house such as cleaning or cooking. There are also people that care for the elderly by taking care of them, their homes, and their well being. In many situations the domestic worker is taking care of the household so that the adults in the household are able to work. By hiring a domestic worker it allows the employers to not have to worry about cleaning up around the house, making dinner, or having to be around in time for the kids to get off the bus. These things are taken care of for them.
In many cases such as Ninaa’s situation there are many nannies that work long hours. These nannies get up in the morning and take care of the children, work around the house all day, and are the ones to put the children to bed at night. These nannies are mainly the ones that actually live in the household like Ninaa did. Working long days and not being paid any extra for the overtime worked can be very hard on the domestic worker. Since they are always working they have no time for themselves, let alone having time to spend with their own families.
Vilma’s Story
“Like many domestic workers, Vilma Serralta lived in her employer’s home. For four years, the 71-year old immigrant from El Salvador labored 80 hours a week as a live-in housekeeper and nanny in the Atherton home of Silicon Valley entrepreneur Sakhawat Khan and his wife Roomy, a private investor” (Legal Aide Society). Vilma worked for the family for four years taking care of their home and their daughter. Not only did Vilma take care of the family’s daughter but she loved her and treated her as if she was her own daughter. Vilma was forced to work long hours which most of the time consisted of fourteen hour days. She also worked at least six to seven days a week. The family did not allow her to take time off and she was never paid any overtime. “She was paid a monthly salary equivalent to between $3 and $4 per hour—far below the minimum wage at the time of $6.75 per hour” (Legal Aide Society).
“When Serralta was abruptly fired in 2006, she sought legal assistance from the Legal Aid Society–Employment Law Center and La Raza Centro Legal, Inc. The two organizations filed suit in U.S. District Court, claiming that her employers had violated federal and state worker protection laws” (Legal Aide Society). Vilma, like Ninaa was abruptly fired from working with her family. Vilma was not given any notice and had no idea why she was being fired. This left Vilma with a huge decision to make about what she was going to do since she really had no where to go. When Vilma decided to go after the family she stated “I didn’t do this for revenge, I simply wanted justice. I do not want anyone else to go through what I did” (Legal Aide Society). Vilma went after the family that she worked for not only for her self but for other domestic workers as well. She knew that if she did not try to get something from the family that she was letting herself down along with other domestic workers. Vilma ended up settling with the family before it went to court; in the end she still won the case.
Shanti Gurung’s Story
Shanti was a domestic worker for an Indian diplomat. She worked for a person that earned a lot of money and had no reasons why he could not afford to pay his employee a fair amount of pay and treat her with respect for what she does. “Ms. Gurung’s case is extreme – she was forced to work 16 hours a day, paid a total of $120 (around 5,500 rupees) for the three years she worked and lost 63 pounds, dropping to 84 pounds, court documents say. She slept on the living room floor and was only allowed to eat leftovers” (Vora, 2012). Shanti was treated horribly while working for the Indian diplomat. She was working extremely long days with little if any time off. Shanti was never paid any overtime for the extra hours she worked all the time, and had little time to spend with her husband. When it comes to having a domestic worker from India some of the employers have said “she was going back to India eventually anyway and thanks to him, she would have more than enough money saved to support her whole family for the rest of their lives” (Vora, 2012). What is disheartening is that the employers see nothing wrong with how they are treating their employees. The employers feel that they are actually helping the domestic workers because they are being paid more then they would be back home. However, even though they are making more then they would back home they are making no where near what they would need to make to afford a living in the United States.
When Shanti Gurung decided to leave her employer and go after him in the courts she knew it was not going to be easy beings that her employer was an Indian diplomat. “Some court decisions have made it difficult for domestic workers of diplomats to raise FLSA claims against their employers,” said Dana Sussman, an associate with the Manhattan-based employment law firm Outten & Golden LLP (Vora, 2012). Many diplomats are immune from being charged in the United States court system; although in Shanti’s case it did not go in the diplomat’s favor. Not only did Shanti win her court case she cost the Indian diplomat over one million dollars in the charges against him. “Shanti Gurung, a 22 year-old Indian maid, was recently awarded $1.5 million in damages by a United States district judge after her three years of service with an Indian diplomat and her husband” (Vora, 2012).
By Shanti taking her employer to court she opened the door for many other domestic workers. Shanti proved that no matter who you are employed by you do have rights and your rights should be respected. Shanti may only be twenty-two years old but she is a star in the world of domestic workers after this case. Shanti used to her advantage that she was in the United States and she was living in one of the few states that actually have a bill of rights specifically for the domestic workers.
Domestic Workers Bill of Rights
Recently the state of New York has passed a Domestic Workers Bill of rights to aid in protecting the domestic workers. “Pay your worker at least the minimum wage (seven dollars and twenty-five cents per hour). You may need or choose to pay more than the minimum wage” (New York State Department of Labor). By the state giving a minimum standard for compensation this helps the domestic workers tremendously. It does not allow the employers to take as much advantage of the workers by only paying them less then five dollars an hour for any time that is worked. Along with the minimum wage the bill of rights has standards for overtime pay as well. “Pay overtime at one and a half times your employee’s basic rate after forty hours of work in a calendar week. If your employee lives in your home, you must pay overtime after forty-four hours of work in a week” (New York State Department of Labor). Having a law for overtime is a major plus as well for the domestic workers. As we saw earlier many workers like Ninaa are forced to work eighteen plus hour work days taking care of the household. When the employers are forcing them to work such long days they will be greatly rewarded with the overtime pay. It is either that or the employers will be forced to not make them work so much since they do not want to pay the overtime. During the work day “if you work a shift of more than 6 hours on any day, you are entitled to at least 30 minutes free from duty for a meal period, of which the employer does not have to pay you for this time” (New York State Department of Labor). This allows the workers to get some time to themselves once every six hours of work for at least a half hour. Since the employers do not have to pay them for this time if it is taken it adds a half hour to the end of their day, or they will just lose a half hours worth of pay.
The Domestic Workers Bill of Rights also has a high influence on domestic workers being able to have time off. In Ninaa’s case she worked a minimum of six days a week. Ninaa had a child with a medical condition that she was not able to take care of and tend to because of these long working hours. The bill has standards to “provide one day (twenty-four hours) of rest per week. If your employee agrees to work on that day, you must pay overtime. The law encourages you to (where possible) set your employee’s day of rest to coincide with their day of worship, if they have one” (New York State Department of Labor). With this law it provides at least a full twenty-four hour period for the domestic worker to not have to deal with the house hold at all. They are allowed one full day to be able to do their own thing. These workers need to be able to spend time with family and take care of their own needs. If the worker decides to give the ok to work on these days it also allows them to be paid overtime pay. This is an incentive for the worker and a negative for the employer. If the domestic worker needs more money then they will offer to work, however many employers do not like to pay overtime if they can avoid it. To also aid the domestic workers in being able to manage their own lives the bill gives them rights to time off of work. “Give at least three paid days off after one year of work for you. Again, you may provide more than three paid days off” (New York State Department of Labor). This allows the workers to be able to have three days of their choosing with approval of the employer to be able to take off and be with there families or to take care of personal needs.
Along with the salary requirements and the restrictions on hours or time off the employers are also required to carry certain insurances on the employee. “You must pay taxes for unemployment insurance for your employee(s). If your employee works at least forty hours per week, you must provide Workers’ Compensation Insurance. This covers them in case they are hurt on the job” (New York State Department of Labor). These insurances are a big benefit to the employee. Since the employers have to carry the unemployment taxes for the employee it at least gives them a sense of comfort knowing if something does happen that they will have unemployment to live on until they find another job. The workers compensation also protects them because if they have no insurance and were to get hurt while working at the house they would have no way of paying the bills. The workers compensation guarantees the workers that it will be covered if they do happen to break an ankle or arm while on the job.
The employees are only required to provide the unemployment and workers compensation insurances. “You are not required to provide health insurance for your employee(s) or their families (New York State Department of Labor). Since the employers are not forced to take out insurance on the workers there are many workers that do not have health insurance. There are some options for the domestic workers to get health insurance. There are companies out there that provide insurance for low cost specifically for low income people. These companies do this so that they at least have some kind of insurance to back them up in case anything does happen.
These laws were set forth in 2010 in order to help protect all of the domestic workers in the state of New York. However, even though this bill of rights was set up there were many people that were not following it because they did not know about it. “Ms. Francois, an organizer for the advocacy group Domestic Workers United, asked the women if they were familiar with the state’s new Domestic Workers’ Bill of Rights, better known as the “nanny law.” The two nannies, both from the West Indies, shook their heads” (Semple, 2011). These nannies had no clue about any of the laws that were put into place. It did not seem to be very herd of by many of the workers and of course most employers were not going to push the idea until their employees knew about the bill. “Proponents hoped the law would quickly lend some clarity to a murky relationship that workers and employees have had to negotiate without a defined sense of what is fair. And they did not expect change to come easily: Many domestic workers are illegal immigrants and may be afraid to speak up, and many employers pay workers under the table and may not be inclined to negotiate new terms that could cost more” (Semple, 2011). Many employers knew that they had workers that were afraid to speak up to get the benefits they deserved. These individuals were living in fear that if they confronted their employer that they would go as far as losing their jobs. Therefore, it has taken a large amount of time for the employees and employers to realize these bills and put them into practice. As soon as some domestic workers started standing up for themselves others seemed to follow in their footsteps.
Ms. Francois, one of the volunteers for domestic workers, had her own thoughts on how to get the word out that the laws have changed. ““It comes down to marketing,” he said. “Maybe we should put a Domestic Workers’ Bill of Rights on each and every refrigerator door just to let people know.”So Ms. Francois and other volunteers for Domestic Workers United have been combing the New York region playgrounds, subway stations, churches and immigrant neighborhoods finding and educating members of what has largely been an underground economy” (Semple, 2011). Ms. Francois along with many other volunteers decided it was time to really get the word out to other domestic workers. They took matters into their own hands and went out, printed out fliers, and gave them to any domestic worker that they saw while they were out. They would take the time to explain that the individual qualifies for these rights and what their benefits are. They then encourage them to take it to their employer and enforce the bill of rights.
Rights in Florida
These rights from the Domestic Workers Bill of Rights are only valid in the state of New York. Many other states are trying to get these rights to be effective in their states as well; however they have not been passed yet. Ninaa currently resides in the state of Florida, which does not have many specific rights for domestic workers.
“The 2012 minimum wage in Florida is $7.67 per hour, effective January 1, 2012, with a minimum wage of at least $4.65 per hour for tipped employees, in addition to tips” (http://www.floridajobs.org). This minimum wage is comparable to the minimum wages in the state of New York. However, does the minimum wage apply to domestic workers? “The following are examples of employees exempt from both the minimum wage and overtime pay requirements: Domestic service workers who reside in their employers ' residences, Employees who lack a high school diploma, or who have not completed the eighth grade” (http://www.dol.gov). The state of Florida does not provide minimum wage rights for domestic workers when they do reside in the home of the employer. They also do not protect people that do not have an education. Many of the domestic workers are foreign workers who were never even given the opportunity to have an education where they came from, therefore they would not even be close to having a diploma, let alone completed eighth grade.
Fair Labor Standards
The Fair Labor Standards act does however support domestic workers in some ways. The federal law does out way state laws and it is what will hold up in court. “Federal law will cover most domestic workers. To comply with the FLSA, you must pay your employee an amount at least equal to minimum wage for every hour that your employee works” (Kaft, Kaft, 2011). This law at least sets a standard for the minimum wages a domestic worker in the United States can make. The downside of this law is that federal minimum wage in most cases is far less then the state minimum wages. “Some states set a minimum wage higher than the federal government’s standard, so you should verify that your pay rate complies with the appropriate standard” (Kaft, Kaft, 2011). The state of Florida minimum wages may be almost eight dollars an hour, however “The current Federal Minimum Wage is seven dollars and twenty-five cents per hour” (http://www.minimum-wage.org). There is not too much of a difference between the federal minimum wage and the Florida state minimum wage at this time. However, every penny counts for the workers.
If the employees do not pay them at least federal minimum wage the workers do have a case if they are to take the employer to court. In Ninaa’s case she was only being paid five dollars an hour to work for her family. That is two dollars and twenty-fives cents less an hour then what minimum wage is. The employers are allowed to lessen the income since they are providing a place to live and meals; however they are not allowed to lower their income by that much. If Ninaa were to take her employer to court under the minimum wage laws by Federal Labor Standards Act then the employer would have to pay her the difference between what she was being paid and what minimum wage was for all four years that she worked for them.
Ninaa’s Options
The state of Florida does not break down the living conditions of which the employees are allowed to live in, like the New York Domestic Labor Bill of Rights does. This is a draw back for Ninaa. Since the state does not have any laws on what the living conditions are for their workers she does not have much to fight with in court except for the sympathy of the judge that is doing the case. Since the living conditions were horrible with leaking sewage because of bad pipes and having to sleep on plastic and cardboard that she found she may be able to draw some sympathy from the judges. She will also try to use the fact that it was just before a holiday and she has a family to gain sympathy of the judge.
My opinion for the rights of domestic workers is that the bill of rights that has been passed by the state of New York should become federal law. These domestic workers take care of people’s families and homes so that they can live their lives, work, and have fun. These people know that they do not have to worry about when their laundry gets done or who is going to get their kids off the bus. Employers of domestic workers should appreciate the work that they do and compensate them for it.
The down side if this was to become a law would be completely on the employer’s side. Having a domestic worker would be a lot more costly to the employer. The employer is required to pay minimum wage, has standards on the amount of hours their workers are allowed to work, and also has to carry the different types of insurance on them. Since the employers have a lot higher cost to their employees some of them may try to find other ways around it, and some of them may not even higher a domestic worker.
If the Domestic Workers Bill of rights from the state of New York were to become a federal law we would see a huge change in the world of domestic workers. I think that domestic workers would start to feel a little more appreciated because there would be laws backing them up for how they are treated. The workers would not be stuck in situations like Ninaa is because of these laws. They have to give notice when they no longer want to have them employed which would have helped Ninaa tremendously, as well as the unemployment benefits. These laws also protect the living conditions of where the domestic workers will stay. The employers are not able to just send their workers to a basement with leaking sewage, and only a piece of cardboard to sleep on. If they were to do this in New York it would be considered abuse.
Ninaa should find a good lawyer and take the employer that she worked for to court. At a minimum Ninaa will be able to recover wages lost from her being paid less then what she should have been. If Ninaa was working for four years at a minimum of six days a week for four years she would have worked twenty-two thousand, four hundred sixty four hours while working for her employer. If we use the standard of live in nannies working forty-four hour work weeks at regular rate she would have worked nine thousand one hundred and fifty-two hours. Ninaa has accumulated thirteen thousand, three hundred twelve hours of overtime during her four years of service. Her employer would be required to pay her the difference in minimum wage for the normal hours worked, along with the overtime pay that she qualified for.
If we go off of Shanti’s case then it is possible that NInaa could win more then just the hours lost. Shanti had only worked for three years for the Indian diplomat. The courts may have been a little harsher because of the employer being a diplomat. The courts tend to set examples with high end people that they know have a lot of money. Either way if NInaa were to enlist the help of a good lawyer and support from domestic worker programs she has a great shot at winning her case.
After Ninaa goes to court and at least collects the amount of wages lost she should have enough money to move elsewhere. If I were Ninaa I would be taking my money and running to the state of New York to find a new job in domestic work. Ninaa and many other domestic workers would be a lot better off if they were to be working under the standards of the Domestic Workers Bill of Rights. The domestic workers of the United States deserve to have laws that protect them from bad employers.
The other option that Ninaa has is to take her money and get out of the field of domestic work. Ninaa could look into finding herself another job to support her and her family. After all if she wins her case she should have enough money to support her and her family for awhile. This would give her time to find a better place to live and a better employer.
Conclusion
Being a domestic worker in the United States or any other country for that matter is not easy. Being a domestic worker is really a dirty job. The domestic workers are expected to do many things that normal employees are not expected to do. In many cases domestic workers have been forced to work extremely long hours with out any overtime pay, treated poorly, and many times forced to live in what most people would consider unlivable conditions. With such horrible conditions there are still “at least one million eight hundred thousand workers work as domestic workers in American homes” (Lee, 2012).
Domestic workers have to start taking a stand for themselves when it comes to being treated fairly. The more individuals that take a stand for themselves the easier it is going to get for many other domestic workers. Many of them are afraid to take a stand for fear that they will be left to live out on the streets, or worse in the cases of individuals working as domestic workers on a visa could be deported. Domestic workers have formed many support groups in order to help each other find fair treatment. They also support one and other when they need to fight for their rights. These groups have people that research the laws and are able to find out exactly what each individual can do in order to help their situation. If more of the domestic workers join these groups they will benefit from their findings by being more informed and having the ability to stand up for themselves.
The end result is that the domestic workers need to come together to form a nation wide support group. The more people that an individual has behind them when fighting for their rights the more likely they are to win when going up against even the nastiest employer. Even if the employer thinks there is no chance of losing when the judges see all of the support that is out there then they are bound to fight for the rights of the domestic workers as well.
Annotated Bibliography
Design Action Collective . (2012). Domestic Workers Unite. Retrieved from http://www.domesticworkersunited.org/index.php/en/
Domestic workers unite was founded in 2000 by a Filipinia domestic workers organization. This organization fights for the rights of domestic workers. It has given me an insight as to what domestic workers really do, how they are treated , and what they are fighting for. Domestic workers care and provide for families and children all over and deserve to be treated fairly.
Kraft, R. A., & Kraft, K. M. (2011). Legal Pitfalls When Hiring Domestic Help. American Bar Association, Retrieved from http://www.americanbar.org/publications/gp_solo/2011/october_november/legal_pitfalls_hiring_domestic_help.html
This source gave you a perspective from both the employer and the employee view.
It gives the pluses and minuses of hiring a domestic worker. This site lays out the requirements that someone looking to hire a domestic worker would have to follow. This source gives you the federal regulations for how domestic workers are to be paid.
Lee, K. (2012). The Excluded Workers Congress. Retrieved from http://www.excludedworkerscongress.org/domestic-workers
The Excluded Workers Congress really breaks down the job of a domestic worker. There are over 1.8 million domestic workers in the United States. Domestic workers do not have the right to collectively bargain, and their wages were less then half that of the national median at the time it was written are just some of the main factors of this site.
Legal Aide Society. Employment Laws Protect Live-In Domestic Workers. Retrieved from http://www.las-elc.org/case-serralta.html
Legal Aide Society has the story of 71 year old Vilma that worked for her employer under extreme conditions. It is the story of how she decided to stick up for herself and leave her the family she was working for. Not only did Vilma leave the family but she also went after them to fight for her rights. Vilma’s case did not actually make it to court as the family settled but it was a huge movement for nannies all over that need the extra push to take a
stand.
New York State Department of Labor. Domestic Workers Bill of Rights, retrieved from http://www.labor.ny.gov/legal/domestic-workers-bill-of-rights.shtm
The Domestic Workers Bill of Rights is one of the biggest things that could happen for domestic workers. This bill was created in New York in 2010 and has not been adopted by all states at this time. However, it is a huge start for the rights of domestic workers. The bill breaks down everything from how a domestic worker is paid, to time they should be allowed off, to what benefits they should receive. I think creating this bill is a big step in the right direction for domestic workers of the United States.
Semple, K. (2011, April 14). A Boon for Nannies, if Only They Knew. New York Times . Retrived from http://www.nytimes.com/2011/04/15/nyregion/few-domestic-workers-know-about-law-protecting-them.html?_r=2
“A Boone for Nannies, if Only They Knew” is about and advocacy group for nannies. Mrs. Francois who is a domestic worker from Trinidad is making a point to inform as many nannies in the state of New York of the Bill of Rights that has been created. Even though this bill was created there are many nannies as well as employers that do not know of its existence. The goal of Mrs. Francois is to inform all of them of the existence of the bill and to make sure that nannies are being treated properly, as well as know that they have something to back them up.
Vora, S. (2012). Is The ‘$1.5 Million Maid’ an Isolated Case? New York Times. Retrieved from http://india.blogs.nytimes.com/2012/03/28/is-the-1-5-million-maid-an-isolated-case/
This is the story of Shanti Gurung who was a 22 year old nanny for an Indian diplomat. She was treated horribly while working as a domestic worker for him. She did not think she was going to be able to go after the Indian diplomat that she worked for because of his title. She did end up going after him, not only did she win, but she was awarded $1.5 million. This story is another huge success for domestic workers and shows them that they do have a chance if they take a stand for themselves. http://www.dol.gov/compliance/guide/minwage.htm The United States Department of labor site shows the current laws regarding labor with in the United States. This site shows who is covered by the laws as well as what the requirements are to be covered by the federal laws. http://www.floridajobs.org The Florida minimum wage site simply shows what the current minimum wage is in the state of Florida. It also breaks down how an individual is qualified to work at the minimum wage rate in the state of Florida. This site shows that Florida does not have very good laws for nannies when it comes to minimum wage. http://www.minimum-wage.org/federal-minimum-wage Federal minimum wage site was used to find out what the current minimum federal wages were. I also learned about the minimum rate of employees that earn tips. The only way to pay workers less then minimum wage is if they are either under the age of 18, or the company is a nonprofit company and they have received a certificate of approval to pay less then minimum wage.