Labor Law Reform for Excluded Workers:

The Campaign for Domestic Worker Rights

Natalicia Tracy Executive Director, Brazilian Immigrant Center Board Member, National Domestic Workers Alliance (NDWA) Co-Founder, MA Coalition for Domestic Workers Board Member, NDWA-SEIU Partnership Committee

Nov. 13, 2013Brazilian Immigrant Center Inc.

A domestic worker is a person who works within their employer’s household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping.

Globally there are over 52.6 million domestic workersOne of of every 13 paid jobs held by a woman2.5 million in the United States; will grow to

4+ million by 2035Over 100,000 in Massachusetts

Excluded WorkersWorkers’ centers: a safe place for today’s low-wage workers in unorganized sectors, such as construction, domestic work, restaurant work, landscaping, and cleaning to receive support in resolving workplace grievances, especially rampant wage theft Rights education, leadership and safety trainingOrganizing and advocacy on individual and group cases of labor law violationsEngagement with broader issues and campaigns to improve wages, benefits, working conditions, and labor rights for workers. The goal is to build power for workers – and ultimately for immigrants -- in both their workplaces and the broader community.

Exclusion of Domestic Workers from Labor Rights

Historic exclusion from federal protections: Fair Labor Standards Act, National Labor Relations Act, Occupational Safety and Health Act, and Family Medical Leave Act

1930s New Deal: “The Bargain with the Devil”Southern Democrats preserved Jim Crow and worker

subordination by excluding domestic workers and farm workers from labor protections

It is still today an unregulated industry

.

Global: International Labor Organization (ILO) passed human rights Convention 189, promoting “Decent Work for Domestic Workers,” effective September 2013.

10 countries have passed legislation/regulations supporting domestic workers: (Argentina, Bahrain, Brazil, South Africa, Italy, the Philippines, Spain, Singapore, Thailand, and Venezuela).

National: NDWA founded in 2007; 14 states & D.C., 41 affiliate organizing entities

Bill of Rights organizing: since 2010 New York, Hawaii, and California* enacted legislation supporting domestic workers. Bills are underway in Massachusetts, Oregon, Illinois, and next year Connecticut.

Connecticut: BIC will hold a Domestic Workers Congress (Nov. 16, 2013) to define policy changes and priorities for legislative reform-- drafting new legislation led by workers’ suggestions for implementation of a new Domestic Workers Bill of Rights, building a movement to secure its passage into law

The Movement to Claim Rights: Global, National, & Local

NDWA NATIONAL SURVEY DATA December 2012in Home Economics: The Invisible and Unregulated World of Domestic Workincludes coverage of Boston and 13 other US cities, with local level participation by the Massachusetts Coalition for Domestic Workers

85% not guaranteed OVERTIME PAY

82% not guaranteed paid SICK DAYS

35% work long hours WITHOUT BREAKS

25% of live-in workers not able to get 5 hours of

uninterrupted SLEEP

36% of live-in workers report THREATS or VERBAL ABUSE

91% do not report problems with working conditions out of

FEAR OF RETALIATION

BASIC FINDINGS OF BIC-UMASS SURVEY IN MA

1. High level of wage theft, related to poorly defined job duties and hours, chronic "job creep,"  and lack of contracts

2. No provision for notice of dismissal or temporary lack of need for services (e.g., during employer vacations). Their income is not secure. Employers don’t always take note that these are real jobs for people through which they make a living for themselves and others.

3. High level of exposure to toxic products, and little knowledge or practice about alternatives or how to protect themselves

4. Unacceptable harassment, disrespectful treatment, and arbitrary and punitive employer decisions that affect job security -- such as arbitrary firing or pay reduction due to pregnancy, asking for raise, breaking something

1. Establish industry specific protections and labor standards that protect domestic

workers' basic workplace rights affording domestic workers dignity, respect and fairness

and thereby ensuring their employers high quality care of their

families and their homes.

Solutions needed?

Representative Michael Moran and Senator Anthony Petruccelli have introduced the Domestic Workers’ Bill of Rights, HB 1750 and SB 882, to secure dignity and fairness for domestic workers.

Upon introduction in January 2013, the Bill had 83 co-sponsors, almost 40% of the legislature

Bill is now pending before the Joint Committee on Labor and Workforce Development

Our public hearing took place YESTERDAY!

The Massachusetts Effort:

Mass Domestic Workers Bill of Rights H1750 -S882

A Movement for Respect Dignity, and Fairness

MA Domestic Worker's Bill of Rights - provisions

1. Pay for All Time Worked

2. Food/Lodging: mostly not deducted from pay

3. Privacy: Employer cannot enter DW’s living space without consent

4. Protection Against Trafficking

5. Right to Written Employment Contract if DW works 16+ hrs wkly - specify pay rate, including overtime, working hours, benefits

6. Records/Notice of Rights: must get notice of workplace rights

7.Termination: written explanation if fired; prior notice if let go without cause; special protections for live-ins who lose their home

8.Discrimination and Harassment, including Sexual Harassment brought under MCAD

Hearing Room B-2, Massachusetts State House, November 12, 2013

Why haven’t we already done that?

What can we do today to add that to our organizing agenda? What steps need to

be taken?

Incredibly, Massachusetts domestic workers have long had the right to organize for collective bargaining – since 1970 !

THANK YOU!

This campaign is been led by Brazilian Immigrant CenterDominican Development Center, Greater Boston Legal Services, Matahari-Eye- of- the- Day, Vida Verde coop/Brazilian Women Group, and Women’s Institute for Leadership Development