Domestic Workers

A "domestic worker" is an employee who is paid to perform work of a domestic nature within a household, including, but not limitd to:

housekeeping;
house cleaning;
home management;
caretaking of individuals in the home, including sick, convalescing and elderly individuals;
laudering;
cooking;
home companion services; and
other household services for members of households or their guests in private homes. (M.G.L. c. 149, s. 190(a))

A "domestic worker" does not include an individual who provides personal care attendant services to persons with disabilities or seniors under the MassHealth personal care attendant program, or an individual whose vocation is not childcare and whose services primarly consist of childcare on a casual, intermittent and irregular basis. (M.G.L. c. 149, s. 190(a))

A covered "employer" does not include a licensed or registerd staffing agency, employment agency or placement agency. (M.G.L. c. 149, s. 190(c))

An employer who employs a domestic worker for 40 hours a week or more must provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month and where possible time for religous worship. The domestic worker may voluntarily agree to work on a day of rest; however that agreement must be in writing and the domestic worker must be compensated at the overtime rate for all hours worked on that day. (M.G.L. c. 149, s. 190(b))

When a domestic worker is required to be on duty for a period of 24 consecutive hours or more, the employer and the domestic worker may agree to exclude a regularly scheduled sleeping period of not more than 8 hours from working time for each 24-hour period. (M.G.L. c. 149, s. 190(d))

When a domestic worker is required to be on duty for a period of 24 consecutive hours or more and unless a prior written agreement is made, all meal periods, rest periods and sleeping periods constitute working time. (M.G.L. c. 149, s. 190(e))

An employer may deduct from the wages of a domestic worker an amount for food and beverages if the food and beverages are voluntarily and freely chosen by the domestic worker. If a domestic worker cannot easily bring or prepare meals on premises, the employer cannot deduct an amount for food and beverages. (M.G.L. c. 149, s. 190(f))

An employer may deduct from the wages of a domestic worker an amount for lodging if the domestic worker voluntarily and freely accepts, desires and actually uses the lodging. An employer cannot deduct an amount for lodging if the employer requires that a domestic worker reside on the employer's premises or in a particular location. (M.G.L. c. 149, s. 190(g))

No deductions for meals or lodging can be made without the domestic worker's prior written consent. (M.G.L. c. 149, s. 190(h))

A domestic worker may request a written evaluation of work performance after 3 months of employment and annually thereafter. (M.G.L. c. 149, s. 190(j))

If a domestic worker resides in the employer's household and the employer terminates the employment without cause, the employer shall provide written notice and at least 30 days of lodging, either on-site or in off-site comparable conditions, or severance pay equivalent to the domestic worker's average earnings during 2 weeks of employment. Neither notice or severance pay is required in cases involving good faith allegations in writing that the domestic worker has abused, neglected or caused any other harmful conduct against the employer, members of the employer's family or individuals residing in the employer's home. (M.G.L. c. 149, s. 190(k))

An employer who employs a domestic worker must keep a record of wages and hours. In addition, an employer who employs a domestic worker for 16 hours or more a week must also provide the following information:

the rate of pay, including overtime and additional compensation for added duties or multilingual skills;
working hours, including meal breaks and other time off;
if applicable, the provision for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance and yearly raises and whether or not each is paid or reimbursed;
any fees or other costs, including costs for meals and lodging;
the responsibilities associated with the job;
the process for raising and addressing grievances and additional compensation if new duties are added;
the right to collect workers' compensation if injured;
the circumstances under which the employer will enter the domestic worker's designated living space on the employer's premises;
the required notice of employment termination by either party; and
any other rights or benefits afforded to the domestic worker. (M.G.L. c. 149, s. 190(l))

This statute is enforced by the Office of the Massachusetts Attorney General. Employees whose rights under this statute have been violated can file an online complaint, chosing under reasons for filing a complaint "Domestic worker law", and then receive from the Attorney General a "private right of action" letter, allowing the employee so aggrieved who prevails in court to be awarded treble damages, reasonable attorneys' fees and the cost of litigation. Such an action must be brought within three years of the violation. The three year limitation period, however, is tolled from the date that the employee or a similarly situated employee files a complaint with the Attorney General until the date that the Attorney General issues a letter authorizing a private right of action or the date that an enforcement action by the Attorney General becomes final. (M.G.L. c. 149, s. 190(o)) (M.G.L. c. 149, s. 150)

engage in unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature to a domestic worker if submission to the conduct is made explicitly or implicitly a term or condition of the domestic worker's employment, is used as the basis for employment decisions affecting the domestic worker or if the conduct has the purpose or effect of unreasonably interfering with a domestic worker's work performance;
subject a domestic worker to unwelcome harassment based on sex, sexual orientation, gender identity, race, color, age, religion, national origin or disability if the harassment has the purpose or effect of unreasonably interfering with a domestic worker's work performance; or
refuse job-protected leave for the birth or adoption of a child by the domestic worker or a spouse under section 105D. This statute is enforced by the Massachusetts Commission Against Discrimination. (M.G.L. c. 149, s. 191)