April 20, 2020
No items found.

Domestic Worker Rights in the Pandemic

The hardest hit demographic during the coronavirus pandemic has been the world’s elderly population, but what can be missing from the reporting is the precarious employment of many domestic workers and senior caregivers whose work has been affected by the lockdowns. Take for example this article in the New York Times about a domestic caregiver in Florida. 

Melissa L. St. Hilaire is a home care aide who had been working for the same client, a 95 year old woman, for five years. But when the pandemic hit the client’s daughter terminated St. Hilaire’s employment over fear of the virus. This alone was shocking as St. Hilaire had been with the same client for so long. She felt part of the family and to be dismissed summarily hurt.

But beyond the emotional pain, there are serious employment and social ramifications for St. Hilaire as well. Her wages came to $80 a day, and like many care workers, St. Hilaire’s pay never afforded her the opportunity to save. This has put her, like so many, in a precarious position. She had to stop paying rent and what little money she did have is going to feed herself and her family. While the National Domestic Workers Alliance is trying to raise money to be able to provide $400 to every domestic worker, this, like the CARES Act stimulus, is simply not enough to live on. 

In New York State, domestic care workers do have certain employment rights aimed at protecting themselves from this exact situation. Domestic care workers are eligible for unemployment insurance in New York, and we encourage those who have been laid off to apply. If you work directly for a family and they pay you more than $500 per quarter, they must make contributions to the state’s unemployment insurance fund. Agency employees receive similar benefits and protections, depending on the size of the agency. If the family has not been paying their domestic worker on the books, they may be able to go back and do so now, to allow them to receive unemployment benefits and minimize potential penalties.

During this time, you may also be eligible for Pandemic Unemployment Assistance, which we have outlined here.

If you are a domestic worker who is unsure about your rights, we encourage you to visit the Department of Labor website, which hosts the Domestic Worker Bill of Rights, as well as fact sheets for workers and employers

Center for American Progress Report Warns Childcare Crisis Will Have Strong Negative Effects on American Women’s Workforce Participation

June 4, 2020
Gender Discrimination
This week, the Center for American Progress released a new report titled “Valuing Women’s Caregiving During and After the Coronavirus Crisis” which highlights the need to support caregivers during the crisis, but also to think about medium- and long-term strategies to ensure that this does not result in a long-term crisis within childcare.

A Generation of Working Mothers Face Employment Disparities

June 4, 2020
Gender Discrimination
Pregnancy Discrimination
This week, the New York Times reports that the temporary setbacks to gender parity in the workplace are in danger of being close to permanent, leaving a whole generation of women behind their male cohort in the workplace. There has been a decade of fragile progress since the Great Recession, and in February, women represented a majority of civilian, non-farm workers employed in the country.

Employers Must Investigate and Report Work-Related Covid-19 Cases to OSHA

June 3, 2020
No items found.
Under new Occupational Safety and Health Administration (“OSHA”) guidance, moving forward employers must now investigate how any Covid-19 positive employees may have contracted the virus. If the cause of the infection was likely work-related, the employer must record it as an “occupational illness.”

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.