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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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I am a housekeeper/ cook. I was asked to work on a weekend

Customer Question

I am a housekeeper/ cook. I was asked to work on a weekend but i am to do no houekeeping just take care of the kids. I am up at 7am and goes to bed around 11pm no overtime. Now i do housekeeping i work the holidays no extra pay .The year is almost over i got no vacation as of yet when I asked she said she does not know.If I take a day off she deducts my pay when I stay late no extra pay. I am a full time worker, the husband and i agreed that i would have paid vacation and paid holidays i do not get paid for the holidays anything extra and i work. Once i was sick and she screamed at me for not being up early.Would like to know what i can do I am treated like a slave, no time for eating the minute you sit to eat she has something for you to do. What are my rights. thank you, Rosemary.
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: I am a housekeeper/ cook. I was asked to work on a weekend but i am to do no houekeeping just take care of the kids. I am up at 7am and goes to bed around 11pm no overtime. Now i do housekeeping i work the holidays no extra pay .The year is almost over i got no vacation as of yet when I asked she said she does not know.If I take a day off she deducts my pay when I stay late no extra pay. I am a full time worker, the husband and i agreed that i would have paid vacation and paid holidays i do not get paid for the holidays anything extra and i work. Once i was sick and she screamed at me for not being up early.Would like to know what i can do I am treated like a slave, no time for eating the minute you sit to eat she has something for you to do. What are my rights. thank you, Rosemary.

 

Response: You are entitled to be paid for an hour and half ("overtime") for any time worked over 44 hours if you are a live-in. If you are not a live-in, you are entitled to be paid overtime for hours worked over 40 hours. You are entitled to a vacation. Below is the summary of new law that went into effect yesterday for domestic workers in New York. If your employer is not paying you for overtime, you would need to file complaint against the employer with the New York State Department of Labor or with U.S. Department of Labor, Wage and Hour Division. Your employer would be investigated and if you prevail, you would get your back wages and the employer may also be sanctioned.

 

Domestic Workers Bill of Rights:

 

http://www.labor.ny.gov/sites/legal/laws/domestic-workers-bill-of-rights.page

 

 

"ATTENTION ALL DOMESTIC WORKERS AND EMPLOYERS OF DOMESTIC WORKERS: A NEW LAW TAKES EFFECT NOVEMBER 29, 2010 THAT AFFECTS YOU


Among other provisions, this new law gives domestic workers:

  • The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer's home;
  • A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day;
  • Three paid days of rest each year after one year of work for the same employer;
  • Protection under New York State Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment; and
  • Workers' Compensation insurance coverage for domestic workers who work more than 40 hours per week."

 

File Complaint with New York State Department of Labor:

 

http://www.labor.ny.gov/agencyinfo/aicontactus.shtm

 

File Complaint with U.S. Department of Labor, Wage and Hour Division:

 

http://www.dol.gov/whd/america2.htm#NewYork

 



Edited by AttorneyPhillips on 12/1/2010 at 3:11 AM EST

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