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IN THE NEWS
DCWP Settles Two Paid Sick Leave Cases for Domestic Workers
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EW YORK, NY: Department of Consumer and Worker Protection (DCWP) Commissioner Peter A. Hatch on January 12, announced settlement agreements for two domestic workers to resolve violations of the NYC Paid Safe and Sick Leave Law. The domestic workers, who were employed to care for elderly patients with long-term illnesses, were both denied sick leave and one was illegally fired for using sick leave and retaliated against for filing a complaint with DCWP. “Domestic workers provide vital support to us and often our loved ones,” said DCWP Commissioner Peter A. Hatch. “Sadly, these invaluable workers often face exploitative working conditions and abuses. We are committed to ensuring these workers are treated fairly and will hold anyone—including private households— accountable if they violate their workers’ rights or punish them for exercising their rights. I want to remind New Yorkers, if you hire a paid care worker, you are an employer in eyes of the law.” “I was very concerned about my health when I contracted COVID-19 and had to continue working in such a condition,
Commissioner Hatch Editorial credit: DCWP
especially during the pandemic when it’s important to be safe. It was difficult being abruptly and wrongfully fired for trying to seek help from a doctor,” said Antonio, one of the domestic workers. “DCWP has helped me understand my rights to sick leave as a paid care worker under the law. I am proud to have been able to receive justice.” “I wasn’t able to receive sick leave and take care of myself, even though I spent time taking care of others who were
sick,” said Dwight, another one of the domestic workers. “It is important that paid care workers like me know that Paid Safe and Sick Leave exists, so we aren’t taken advantage of repeatedly.” In both cases, the domestic workers were not provided paid safe and sick leave as required under the NYC Paid Safe and Sick Leave Law. The employers also did not have policies in place or provide their employees with the required Notice of Employee Rights. In one of the cases, the domestic worker had COVID19 but was still denied sick leave and forced to stay in the home and continue working. He was then fired when he took leave for a doctor’s appointment and, as a result, became homeless. The employer also retaliated against him with harassing phone calls when he filed a complaint with DCWP. The settlement with this domestic worker’s employer, requires the family to pay $18,000 in restitution and $1,000 in civil penalties. In the other case, the domestic worker will be paid $4,100 in restitution. Under the NYC Paid Safe and Sick Leave Law, employers with five or more employees and employers of domestic workers in New York City must provide
paid safe and sick leave to employees. Employers with fewer than five employees and a net income of $1 million or more, employers with between five and 99 employees, and employers with one or more domestic workers must provide 40 hours of paid leave. Employers with 100 or more employees must provide up to 56 hours of paid leave. Employers with fewer than five employees and a net income of less than $1 million must provide unpaid safe and sick leave. Safe and sick leave is accrued at a rate of one hour of leave for every 30 hours worked and begins on the employee’s first day of employment. Employers of five or more employees who do not front-load safe and sick leave on the first day of a new calendar year must allow employees to carry over up to 40 or 56 hours of unused safe and sick leave from one calendar year to the new calendar year, depending on the size of the employer. The Law was also recently expanded to provided covered employees with an extra four hours of paid leave per child under the age of 18, per vaccine injection. Under the City’s Temporary Schedule Change Law, private employees can request up to two days of unpaid leave. l
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