Global Affairs
The International Nanny Association (INA) encourages you to be aware of any propositions or pending legislation that may have an effect on the in-home child care industry.
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Please notify the INA Governmental Affairs Committee of any such action in your own state or on the federal level, so that our membership may help direct and educate the legislators who are involved. INA must be a proactive association and we value your input.
The last decade has seen much legislative action at the state level, and rules changes at the Federal level of not for household employment. At the Federal level, the US Department of Labor issued rules changes to the FLSA’s Companionship Exemption that take effect in October, 2015. This primarily impacts senior caregivers.
Of particular note state level activity in the last few years included:
In California, the state’s DWBR is set to expire December 31, 2016. Legislation to remove the expiration date passed the CA State Senate and is in the CA State Assembly.
In April 2016 the US Department of Labor clarified rules for the “sleep time exemption” for household workers.
As of January 1, 2016, 39 states require that nannies and other household workers be provided a pay stub. While the details vary state to state, general requirements include:
- The dates covered by the paycheck
- The date of the paycheck
- The pay rate for regular hours and overtime hours
- The number of regular hours and overtime hours paid
- The gross wage computed (amount before any deductions)
- Itemized list of all deductions
- The net pay (take home, the amount of the check or direct deposit)
Oregon passed their Domestic Worker Bill of Rights in June 2015 which takes effect January 1, 2016.
Illinois has considered a Domestic Worker Bill of Rights in legislative sessions in 2013, 2014 and 2015. As reported at the INA’s 2016 Annual Meeting, the legislation passed the IL State Senate and was under active consideration in the IL State House.
Massachusetts’ Domestic Worker Bill if Rights passed in April 2014 and took effect April 1, 2015. This was the first DWBR to include guaranteed maternity leave.
California passed their Domestic Workers’ Bill of Rights. Effective January 1, 2014 all live in domestic service workers must be paid overtime for hours worked over 9 in a day, or over 45 in a 7 day work week.
Hawaii passed a Domestic Workers’ Bill of Rights that closely mirrors New York State’s bill that went into effect in 2010.
Oregon failed to pass a Domestic Workers’ Bill of Rights.
Illinois’ Domestic Workers’ Bill of Rights did not move out of committee for a vote in the legislature.
Massachusetts domestic workers and their allies began organizing to pursue their own Domestic Workers’ Bill of Rights legislation in 2014.