Afro-descendant, latin, indigenous, mexican, and undocumented immigrant women make up the vast majority of the two and a half million domestic workers in the United States. Due to the nature of their work, in the 21st century, they continue to fight for basic rights such as rest, fair wages, and dignified working and dismissal conditions.
Currently, the state of New Jersey awaits the enforcement of the Domestic Workers' Bill of Rights - legislation won in January of this year - making it the eleventh state to have a law protecting this sector, which performs work recognized as essential for the development of societies and economies.
"Cleaning bathrooms on your knees and doing it with a cloth, those things are not at all dignified for any human being. We are trying to raise awareness in employers that domestic workers are human beings first, who contribute greatly to this country's economy, and that without the presence of a worker caring for the elderly, children, maintaining order, and cleaning their homes, other types of work would not be possible; employers would not be able to go to work," says Evelyn Saz, lead organizer for New Jersey at the National Domestic Workers Alliance.
"The message is primarily that we consider domestic workers as individuals who deserve rights just like any other worker in the United States because under the same conditions in which they work, within the walls, within homes, they silently suffer all kinds of violations, and if they were to report something, no one would listen because there was no legal backing," Saz assures.
Thanks to the Bill of Rights, which is now a reality in 11 states (California, Connecticut, Hawaii, Illinois, Massachusetts, Nevada, New Mexico, New York, Oregon, Virginia, and now New Jersey), as well as in three major cities: Philadelphia, Seattle, and the District of Columbia (Washington DC), domestic workers should no longer endure mistreatment or fear reporting, but the fight must continue, explains Saz, as the Bill of Rights is still pending in 39 more states in the USA where violations bordering on slavery persist.
"We aim to reach each of the remaining states so that domestic workers can assert their rights, and employers recognize the incredible contribution they make to this country's economy", emphasize Saz.
In each state and city, the bill of rights differs according to the needs and demands of local groups of workers++n struggle. New York was the first, and New Jersey's is the most recent and comprehensive, yet the right to unemployment and retirement remains a major issue, says Teresa Vivar, founder of Lazos, América Unida, who calls on domestic workers, not only from the United States but also from Mexico and any other country, to join a transnational movement to raise awareness among the population and employers about the challenges domestic workers face and to demand regulations and support from governments to uphold their rights.
"Domestic workers in the United States, Mexico, Guatemala, or any country are not alone... domestic workers are on the move," Vivar asserts.
What does the Domestic Workers' Bill of Rights in New Jersey establish?
The Domestic Workers' Protection Act - which includes nannies, individuals cleaning houses, and caregivers for people with disabilities or the elderly - was signed on January 12 and will come into effect in July of this year.
"At this moment, we are preparing the conditions for this to happen. The challenge is to make both employers and employees aware of the content of this regulation and lay the groundwork for its correct implementation because the worst thing that could happen is that despite having this law, they do not know how to assert their rights or how to apply it," says activist Evelyn Saz, who outlines some of the provisions gained.
- Right to minimum wage ($15.13 per hour)
- Payment for overtime hours
- Health and safety
- Mandatory meal and rest breaks
- Right to 24 hours of rest after 6 consecutive days of work (for live-in workers)
- Paid sick days
- Protection against discrimination and retaliation
- Written agreements or contracts establishing wages, work schedules, and other conditions
- Advance notice of termination (4 weeks in advance if permanent, 2 weeks if temporary) or severance pay if not met
- Protection against trafficking and the right to privacy
"Many domestic workers, being immigrants and not having legal status in this country, when they arrive at their workplaces, their employers want to pay them less than the minimum wage, and that is wage theft. Many of them have been threatened by their employers regarding their immigration status, with their documents being withheld and being told that they will be deported; most of them have had health +++problems due to using chemicals, or they fall, some are not allowed to rest, have lunch, or close the bathroom door completely when they enter... unbelievable but true."
That is why this sector demands not to forget that there are rights that are for all workers regardless of the type of work or the immigration status of the person performing it, and domestic work is essential, so they demand visibility, recognition, and appreciation.
Activists emphasize that laws are a fundamental step but not the only one. The work of educating employees and employers must be done, spreading the law, demanding that the corresponding labor department announce its existence, allocate funds, and employ trained and sensitive personnel for its correct implementation.
You can contact the National Domestic Workers Alliance via email at https://domesticworkers.org/ and the coalition of domestic workers in New Jersey through lazosau@gmail.com
Read the article "Domestic Workers, Immigrants in the United States, These Are Their Voices" HERE.