Senate Bill S7929A

                                 BILL NUMBER:  S7929A

 TITLE OF BILL :

An act to amend the labor law, in relation to the definition of
domestic worker

 PURPOSE OR GENERAL IDEA OF BILL :

This bill amends the definition of "domestic worker" to reflect recent
changes to the Federal Fair Labor Standard Act regulations.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends the definition of "domestic worker" in section 2 of
the labor law, as amended by Chapter 481 of the Laws of 2010 (the
"Domestic Workers Bill of Rights" Act).

The bill replaces the current definition, which excludes "any
individual who is engaged in providing companionship services, as
defined in paragraph fifteen of subdivision (a) of section 213 of the
fair labor standards act of 1938,and who is employed by an employer or
agency other than the family or household using his or her services,"
with a new definition that is consistent with the law's legislative
intent.

              

The bill makes a minor technical amendment to the labor law to correct
the numbering.

 JUSTIFICATION :

New York's paraprofessional work force was never intended to be
included in the 2010 Domestic Worker Bill of Rights Act(DWBR). The Act
conferred upon domestic workers, such as live-in housekeepers and
nannies, basic workplace protections related to wage and hour
requirements, disability coverage, sexual harassment and other
discriminatory practices. In enacting the law, the Legislature found
that these workers do not receive the same protections as other
workers do and are often subject to exploitation and harassment in the
workplace.

In contrast, personal care assistants and home health aides working
for licensed home care agencies in New York State are a highly
regulated workforce subject to a wide range of local, State, and
Federal labor laws and empowered to engage in collective bargaining.
For this reason, the DWBR excluded home care aides employed by home
care agencies from the definition of "domestic worker."  On October
13, 2015, new Federal Fair Labor Standard Act (FLSA) rules went into
effect eliminating the "companionship exemption" for workers employed
by third party agencies. As a result of this change, the definition of
"domestic worker" in New York's labor law now includes these workers
in the DWBR, despite the legislative intent to exclude them.

Consequently, licensed home care agencies in New York now must comply
with the State's DWBR for their employees. This has resulted in
unnecessary and burdensome administrative requirements for home care
agencies and confusion regarding how to comply with certain provisions
specifically tailored for live-in workers employed by individuals or
households.

This bill would update the definition of "domestic worker" in the
labor law to reflect the legislative intent of the DWBR Act.

 FISCAL IMPLICATIONS :

None.
 LEGISLATIVE HISTORY :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.