Domestic Worker's Rights: New Jersey

This Domestic Worker's Rights policy applies to domestic workers in New Jersey under the New Jersey Domestic Workers' Rights Act (P.L. 2023, c. 262), and it helps your organization set clear, practical expectations for written agreements, pay and overtime, breaks and time off, benefits, privacy and safety protections, complaint reporting and anti-retaliation, plus required notice when ending employment (for domestic workers). It's a people-first way to reduce risk and build trust by putting key rights in plain language, so domestic workers know what to expect and HR has a consistent framework to follow.

The History Behind Domestic Worker's Rights Policies in New Jersey

Domestic Worker's Rights, part of our Employment Classification topic, has historically been separate from mainstream employment protections. The work happens inside private homes, is often arranged informally, and for years fell into gray areas of wage, hour, and workplace law. Federal law covered many domestic workers, but state-level protections around written agreements, privacy, time off, and termination practices were inconsistent or nonexistent. That left room for confusion by well-intentioned households and real harm by bad actors operating out of public view.

 

New Jersey addressed those gaps with the Domestic Workers' Bill of Rights, P.L. 2023, c. 262, signed in January 2024 and effective later that year. The law brings domestic workers more squarely under core workplace standards while recognizing that the job site is someone's home. It requires a written agreement once work exceeds a modest monthly hours threshold, clarifies wage and overtime rules, guarantees meal breaks and a day of rest for live-in workers after six consecutive days unless voluntarily waived, extends earned sick leave, applies anti-discrimination and anti-harassment protections, and sets limits on surveillance and intrusion into private spaces.

 

One provision that catches employers off guard is the advance notice requirement at separation (usually 2 or 4 weeks), which reflects a practical reality: for live-in workers especially, termination can mean the immediate loss of both income and housing.

Which Law is the Domestic Worker's Rights Policy Meant to Comply With?

If you create and distribute a Domestic Worker's Rights Policy for your New Jersey-based employees, it is in an effort to comply with New Jersey's Domestic Workers' Bill of Rights (P.L. 2023, c. 262, formerly S723).

How to Write a New Jersey-Specific Domestic Worker's Rights Policy

  • Start with "why" and introduce the concept by explaining that your organization values domestic workers and is committed to their rights and protections in New Jersey.
  • Explain that your organization provides a written work agreement that documents key job terms.
  • State that domestic workers will be paid at least minimum wage and receive overtime pay for overtime hours.
  • State that domestic workers receive meal and rest breaks, including an unpaid day off for live-in workers.
  • Describe the benefits domestic workers may receive, including health coverage and paid sick and safe leave.
  • Confirm that domestic workers are covered by your equal employment opportunity standards and are protected from discrimination, harassment, and workplace violence.
  • Set expectations for a safe and respectful workplace, including limits on surveillance and access to private spaces.
  • Explain how workplace injuries and other concerns can be reported, and commit to non-retaliation for raising issues.
  • Describe how employment separations are handled, including advance notice requirements and an exception for serious misconduct.

When to Include this Policy in Your Employee Handbook

If you have employees in New Jersey and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for New Jersey-based employees. 

 

C.34:11-76 Hiring entity, domestic worker, notification of rights, information, complaint, violation of rights states, in section 18. a.: 

 

"A hiring entity shall provide to a domestic worker notification of the rights of domestic workers under P.L.2023, c.262 (C.34:11-69 et al.), and information on how to file a complaint for violation of these rights, as shall be determined by the department by regulation."

 

Your employee handbook qualifies. 

Other Considerations

The law applies to New Jersey employers who have at least 1 employee in the US.

Exceptions

None.

Model Policy Template for a Domestic Worker's Rights Policy

Domestic Worker's Rights

We value the contributions of every member of our team, including our dedicated Domestic Workers. As such, we have established this policy to help clarify your rights, benefits and protections as an integral part of our team under the New Jersey Domestic Workers Rights Act. Our goal is to foster a fair, safe and respectful working environment where you can thrive and feel secure.

If you're a Domestic Worker who works more than five hours per month, we'll provide you with a written contract outlining your job duties, schedule, wages, and other terms of employment, as required by law. We encourage you to refer to this document when you have questions.

 

As a Domestic Worker, you will receive wages of at least the minimum wage and be entitled to overtime for all hours worked beyond the standard 40-hour workweek. During your work day, you are entitled to receive meal and/or rest breaks. If you work at least five consecutive hours, you're entitled to a 30-minute meal break. If you're a live-in worker, you are entitled to an unpaid day off after six consecutive workdays unless you voluntarily waive this right.

 

Upon reaching eligibility, you will be entitled to any health insurance benefits and may also be entitled to the use of paid sick and safe leave in accordance with state law.

 

We want to ensure your working environment is respectful and safe. This means you receive equal treatment under our Equal Employment Opportunity policy and work in an environment that includes reasonable limitations on surveillance and access to private spaces. {​{​Organization Name​}​} does not tolerate any acts of discrimination, harassment or workplace violence. If you become injured on the job, please report the incident immediately. Should you have any concerns or need any type of assistance in this area, please contact {​{​the HR Team​}​}. We encourage you to speak up and will not retaliate against you for bringing forth complaints or concerns regarding your employment with {​{​Organization Name​}​}.

 

If we need to end your employment, you will receive at least two weeks' notice (or four weeks' notice if you are a live-in worker), except in cases of significant misconduct.

 

Domestic Workers are entitled to rights and protections under the New Jersey Domestic Workers' Bill of Rights.

If you believe your rights under this law have been violated, you may file a complaint with the NJ Department of Labor and Workforce Development or pursue a claim in court. The law provides for remedies that may include reinstatement, recovery of unpaid wages or other losses, and additional damages.

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.