Rhode Island 2023 Regular Session

Rhode Island House Bill H6142 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6142
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7	7	LC002222
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF
16	16	RIGHTS
17	17	Introduced By: Representatives Alzate, Diaz, Stewart, Cruz, Morales, Shanley,
18	18	Speakman, and Henries
19	19	Date Introduced: March 08, 2023
20	20	Referred To: House Labor
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
25	25	is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 60 3
27	27	DOMESTIC WORKERS' BILL OF RIGHTS 4
28	28	28-60-1. Purpose and findings. 5
29	29	Domestic workers play a critical role in Rhode Islands’ economy, working to ensure the 6
30	30	health and prosperity of Rhode Island families and freeing others to participate in the workforce. 7
31	31	Despite the value of their work, domestic workers have historically been excluded from the 8
32	32	protections under state law extended to workers in other industries. Domestic workers are 9
33	33	predominantly women who labor to support families and children of their own and who receive 10
34	34	low pay and minimal or no benefits. Without clear standards governing their workplaces, and 11
35	35	working alone and behind closed doors, domestic workers are among the most isolated and 12
36	36	vulnerable workforce in the state. Workforce projections are one of growth for domestic workers, 13
37	37	but the lack of decent pay and other workplace protections undermines the likelihood of building 14
38	38	and maintaining a reliable and experienced workforce that is able to meet the needs of Rhode Island 15
39	39	families. Therefore, the general assembly finds that because domestic workers care for the most 16
40	40	important elements of Rhode Islanders' lives, our families and our homes, it is in the interest of 17
41	41	employees, employers, and the people of Rhode Island to ensure that the rights of domestic workers 18
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44	44	LC002222 - Page 2 of 8
45	45	are respected, protected, and enforced and that this chapter shall be interpreted liberally to aid this 1
46	46	purpose. 2
47	47	28-60-2. Definitions. 3
48	48	As used in this chapter: 4
49	49	(1) "Domestic work" means: 5
50	50	(i) Housekeeping; 6
51	51	(ii) House cleaning; 7
52	52	(iii) Home management; 8
53	53	(iv) Nanny services including childcare and child monitoring; 9
54	54	(v) Caregiving, personal care or home health services for elderly persons or persons with 10
55	55	an illness, injury, or disability who require assistance in caring for themselves; 11
56	56	(vi) Laundering; 12
57	57	(vii) Cooking; 13
58	58	(viii) Companion services; 14
59	59	(ix) Chauffeuring; or 15
60	60	(x) Other household services for members of households or their guests in or about a private 16
61	61	home or residence or any other location where the domestic work is performed. 17
62	62	(2) "Domestic worker" means a person employed to perform domestic work. "Domestic 18
63	63	worker" does not include: 19
64	64	(i) A person performing domestic work who is the employer's parent, spouse, child, or 20
65	65	other member of their immediate family, exclusive of individuals whose primary work duties are 21
66	66	caregiving, companion services, personal care or home health services for elderly persons or 22
67	67	persons with an illness, injury, or disability who require assistance in caring for themselves; 23
68	68	(ii) Child and day care home providers participating in the child care assistance program 24
69	69	pursuant to the provisions of § 40-5.2-20; 25
70	70	(iii) A person who is employed by one or more employers in or about a private home or 26
71	71	residence or any other location where the domestic work is performed for eight (8) hours or less in 27
72	72	the aggregate in any workweek on a regular basis, exclusive of individuals whose primary work 28
73	73	duties are caregiving, companion services, personal care or home health services for elderly persons 29
74	74	or persons with an illness, injury, or disability who require assistance in caring for themselves; or 30
75	75	(iv) A person who the employer establishes: 31
76	76	(A) Has been and shall continue to be free from control and direction over the performance 32
77	77	of domestic work by the domestic worker, both under a contract of service and in fact; 33
78	78	(B) Is engaged in an independently established trade, occupation, profession or business; 34
79	79
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82	82	or 1
83	83	(C) Is deemed a legitimate sole proprietor or partnership. A sole proprietor or partnership 2
84	84	shall be deemed to be legitimate if the employer establishes that: 3
85	85	(I) The sole proprietor or partnership is performing the service free from the direction or 4
86	86	control over the means and manner of providing the service, subject only to the right of the 5
87	87	employer for whom the service is provided to specify the desired result; 6
88	88	(II) The sole proprietor or partnership is not subject to cancellation or destruction upon 7
89	89	severance of the relationship with the employer; 8
90	90	(III) The sole proprietor or partnership has a substantial investment of capital in the sole 9
91	91	proprietorship or partnership beyond ordinary tools and equipment and a personal vehicle; 10
92	92	(IV) The sole proprietor or partnership owns the capital goods and gains the profits and 11
93	93	bears the losses of the sole proprietorship or partnership; 12
94	94	(V) The sole proprietor or partnership makes its services available to the general public on 13
95	95	a continuing basis; 14
96	96	(VI) The sole proprietor or partnership includes services rendered on a federal income tax 15
97	97	schedule as an independent business or profession; 16
98	98	(VII) The sole proprietor or partnership performs services for the contractor under the sole 17
99	99	proprietorship's or partnership's name; 18
100	100	(VIII) When the services being provided require a license or permit, the sole proprietor or 19
101	101	partnership obtains and pays for the license or permit in the sole proprietorship's or partnership's 20
102	102	name; 21
103	103	(IX) The sole proprietor or partnership furnishes the tools and equipment necessary to 22
104	104	provide the service; 23
105	105	(X) If necessary, the sole proprietor or partnership hires its own employees without 24
106	106	approval of the employer, pays the employees without reimbursement from the employer and 25
107	107	reports the employees' income to the Internal Revenue Service; 26
108	108	(XI) The employer does not represent the sole proprietorship or partnership as an employee 27
109	109	of the employer to the public; and 28
110	110	(XII) The sole proprietor or partnership has the right to perform similar services for others 29
111	111	on whatever basis and whenever it chooses. 30
112	112	(3) "Employ" includes to suffer or permit to work. 31
113	113	(4) "Employee" means a domestic worker. 32
114	114	(5) "Employer" means a person who employs a domestic worker within a household 33
115	115	whether or not the person has an ownership interest in the household; provided, however, an 34
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119	119	"employer" shall not include a staffing agency, employment agency or placement agency. 1
120	120	(6) "Working time" means compensable time that includes all time during which a 2
121	121	domestic worker is required to be the employer's premises or to be on duty and any time worked 3
122	122	before or beyond the end of the normal scheduled shift to complete work; provided, however, that 4
123	123	"working time" shall, except as otherwise provided in this chapter, include meal periods, rest 5
124	124	periods and sleeping periods unless a domestic worker is free to leave the employer's premises and 6
125	125	use the time for the domestic worker's sole use and benefit and is completely relieved of all work-7
126	126	related duties. 8
127	127	28-60-3. Hours of employment for domestic workers. 9
128	128	No person or corporation employing a domestic worker as defined in § 28-60-2 shall 10
129	129	require any domestic worker to work more than forty (40) hours in a week unless the domestic 11
130	130	worker receives compensation for overtime work at a rate which is at least one and one-half (1½) 12
131	131	times the worker's normal wage rate. 13
132	132	28-60-4. Benefits for domestic workers. 14
133	133	Every person employed as a domestic worker as defined in § 28-60-2 of this chapter, shall 15
134	134	be allowed at least twenty-four (24) consecutive hours of rest in each and every calendar week. No 16
135	135	provision of this subsection shall prohibit a domestic worker from voluntarily agreeing to work on 17
136	136	a day of rest required by this subsection; provided that, the worker is compensated at the overtime 18
137	137	rate for all hours worked on the day of rest. The day of rest authorized under this subsection should, 19
138	138	whenever possible, coincide with the traditional day reserved by the domestic worker for religious 20
139	139	worship. In addition, after one year of work with the same employer a domestic worker shall be 21
140	140	entitled to at least three (3) paid days of rest in each calendar year at the regular rate of 22
141	141	compensation. 23
142	142	28-60-5. Conditions of employment. 24
143	143	(a) Except as provided in § 28-60-4, an employer who employs a domestic worker for forty 25
144	144	(40) hours a week or more shall provide a period of rest of at least twenty-four (24) consecutive 26
145	145	hours in each calendar week and at least a period of forty-eight (48) consecutive hours during each 27
146	146	calendar month and, where possible, this time shall allow time for religious worship. Pursuant to § 28
147	147	28-6-4, the domestic worker may voluntarily agree to work on a day of rest; provided, however, 29
148	148	the agreement is in writing and the domestic worker is compensated at the overtime rate for all 30
149	149	hours worked on that day. 31
150	150	(b) When a domestic worker who does not reside on the employer's premises is on duty for 32
151	151	less than twenty-four (24) consecutive hours, the employer shall pay the domestic worker for all 33
152	152	hours on the employer's premises as working time. 34
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156	156	(c) When a domestic worker is required to be on duty for a period of twenty-four (24) 1
157	157	consecutive hours or more, the employer and the domestic worker may agree, under terms that 2
158	158	comply with this chapter to exclude a regularly scheduled sleeping period of not more than (8) 3
159	159	hours from working time for each twenty-four (24) hour period. 4
160	160	(d) When a domestic worker is required to be on duty for a period of twenty-four (24) 5
161	161	consecutive hours or more and unless a prior written agreement is made, all meal periods, rest 6
162	162	periods and sleeping periods shall constitute working time. 7
163	163	(e) An employer may deduct from the wages of a domestic worker an amount for food and 8
164	164	beverages if the food and beverages are voluntarily and freely chosen by the domestic worker. If a 9
165	165	domestic worker cannot easily bring or prepare meals on premises, the employer shall not deduct 10
166	166	an amount from the wages of a domestic worker for food or beverages. An employer shall not 11
167	167	deduct from the wages of a domestic worker an amount for food and beverages that exceeds the 12
168	168	actual retail cost of the food. 13
169	169	(f) An employer may deduct from the wages of a domestic worker an amount for lodging 14
170	170	if the domestic worker voluntarily and freely accepts, desires and actually uses the lodging and the 15
171	171	lodging meets the standards for adequate, decent and sanitary lodging. An employer shall not 16
172	172	deduct from the wages of a domestic worker an amount for lodging if the employer requires that a 17
173	173	domestic worker reside on the employer's premises or in a particular location. 18
174	174	(g) No deductions for meals or lodging shall be made from a domestic worker's wages 19
175	175	without the domestic worker's prior written consent. No other deductions shall be made from a 20
176	176	domestic worker's wages other than for specifically named and identified purposes, goods or 21
177	177	services required or expressly authorized by the provisions of this chapter or other state or federal 22
178	178	law. 23
179	179	(h) A domestic worker shall have a right to privacy. An employer shall not restrict or 24
180	180	interfere with a domestic worker's means of private communication, monitor a domestic worker's 25
181	181	private communications, take any of the domestic worker's documents or other personal effects or 26
182	182	engage in any conduct which constitutes services or trafficking of a person in violation of state or 27
183	183	federal law. 28
184	184	(i) A domestic worker may request a written evaluation of work performance from an 29
185	185	employer after three (3) months of employment and annually thereafter. A domestic worker may 30
186	186	inspect and dispute the written evaluation. If the domestic worker disputes the evaluation, any 31
187	187	documentation evidencing the basis of this dispute shall be appended to the evaluation. 32
188	188	(j) If a domestic worker resides in the employer's household, and the employer terminates 33
189	189	employment without cause, the employer shall provide written notice and at least thirty (30) days 34
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193	193	of lodging, either on-site or in comparable off-site location, or severance pay in an amount 1
194	194	equivalent to the domestic worker's average earnings during two (2) weeks of employment. Neither 2
195	195	notice nor a severance payment shall be required in cases involving good faith allegations that are 3
196	196	made in writing with reasonable basis and belief and without reckless disregard or willful ignorance 4
197	197	of the truth that the domestic worker has abused, neglected or caused any other harmful conduct 5
198	198	against the employer, members of the employer's family or individuals residing in the employer's 6
199	199	home. 7
200	200	(k) An employer who employs a domestic worker shall keep a record of wages and hours. 8
201	201	An employer who employs a domestic worker for sixteen (16) hours or more a week shall provide 9
202	202	the following information: 10
203	203	(1) The rate of pay, including overtime and additional compensation for added duties or 11
204	204	multilingual skills; 12
205	205	(2) Working hours, including meal breaks and other time off; 13
206	206	(3) If applicable, the provisions for days of rest, sick days, vacation days, personal days, 14
207	207	holidays, transportation, health insurance, severance and yearly raises and whether or not earned 15
208	208	vacation days, personal days, holidays, severance, transportation and health insurance are paid or 16
209	209	reimbursed; 17
210	210	(4) Any fees or other costs, including costs for meals and lodging; 18
211	211	(5) the responsibilities associated with the job; 19
212	212	(6) The process for raising and addressing grievances and additional compensation if new 20
213	213	duties are added; 21
214	214	(7) The right to collect workers' compensation if injured; 22
215	215	(8) The circumstances under which the employer may enter the domestic worker's 23
216	216	designated living space on the employer's premises; 24
217	217	(9) The required notice of employment termination by either party; and 25
218	218	(10) Any other rights or benefits afforded to the domestic worker. 26
219	219	(l) An employer shall provide a domestic worker with a notice that contains all applicable 27
220	220	state and federal laws that apply to the employment of domestic workers. 28
221	221	(m) Nothing in this section shall affect any policies or practices of an employer which 29
222	222	provides for greater, additional or more generous wages, benefits or working conditions to a 30
223	223	domestic worker than those required under this chapter. 31
224	224	28-60-6. Rules, regulations and enforcement. 32
225	225	The attorney general shall enforce this chapter. The director of the department of labor and 33
226	226	training shall promulgate rules and regulations to implement the provisions of this chapter. The 34
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230	230	director of the department of labor and training shall post on its website a sample written record of 1
231	231	information required under § 28-60-5(k), a multilingual notice of employment rights under this 2
232	232	chapter and state and federal employment laws that apply to the employment of domestic workers. 3
233	233	28-60-7. Severability. 4
234	234	If any provision of this chapter or the application thereof to any person or circumstance is 5
235	235	held invalid, such invalidity shall not affect other provisions or applications of the chapter, which 6
236	236	can be given effect without the invalid provision or application, and to this end the provisions of 7
237	237	this chapter are declared to be severable. 8
238	238	SECTION 2. This act shall take effect upon passage. 9
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240	240	LC002222
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245	245	EXPLANATION
246	246	BY THE LEGISLATIVE COUNCIL
247	247	OF
248	248	A N A C T
249	249	RELATING TO LABOR AND LABOR RELATIONS -- DOMESTIC WORKERS' BILL OF
250	250	RIGHTS
251	251	***
252	252	This act would establish a bill of rights for domestic workers and provide for a minimum 1
253	253	set of benefits relating to wages, overtime, working conditions, hours worked and time off from 2
254	254	work. This act would also provide that the director of the department of labor and training 3
255	255	promulgate rules and regulations to implement the provisions and that the attorney general enforce 4
256	256	the provisions of this chapter. 5
257	257	This act would take effect upon passage. 6
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259	259	LC002222
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