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New Jersey Domestic Workers Bill of Rights Has Taken Effect 

On July 1, 2024, the New Jersey Domestic Workers Bill of Rights Act (NJ SB 723) went into effect. The Act establishes extensive rights and protections for domestic workers by: 

  • Requiring employers to provide written contracts outlining job duties, wages, hours, and break times;  
  • Requiring employers to provide notice of employee rights including anti-discrimination, anti-harassment and anti-retaliation rights;  
  • Mandating rest and meal break requirements;  
  • Imposing health, safety, and privacy protections;  
  • Eliminating certain domestic workers’ exclusions from the wage and hour law by ensuring that domestic workers are paid minimum wage and guaranteed overtime after 40 hours in a workweek;  
  • Requiring employers to give notice before terminating domestic workers;  
  • Prohibiting employer retaliation; and  
  • Ensuring domestic workers receive notice about their legal rights.  

“Domestic workers” include nannies, childcare providers, home care workers or caregivers to seniors and people with disabilities, house cleaners, cooks, and gardeners working in a private home, regardless of whether they are hired directly by the household or by an agency. 

The state does not appear to have developed a model written agreement for compliance; however, in late 2023, the US Department of Labor issued sample contracts for nannies, homecare workers, and cleaners which may serve as a reference. These sample contracts cover much of the information the New Jersey Domestic Workers Bill of Rights requires. 

Next Steps 

Employers who employ domestic workers should review their current practices to determine what adjustments they may need to make to comply with the new regulations as soon as possible. It is strongly recommended that employers who have written agreements have them reviewed and updated by legal counsel, and for those who have yet to put written agreements in place, they work with counsel to develop a written agreement that meets all the law’s requirements. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.