For decades, domestic workers have been intentionally excluded from many of the basic legal protections that most other workers enjoy. But workers have been organizing to change this, and an increasing number of cities and states are addressing this history of racist exclusion by passing new laws that ensure domestic workers have basic rights too. Working Washington, Casa Latina, SEIU 775, and other groups fought to win a Domestic Workers Bill of Rights in Seattle in 2018, which took effect on July 1, 2019.

Your rights as a domestic worker in Seattle:
What you need to know

Seattle’s Domestic Workers Bill of Rights ensure that nannies, house cleaners, gardeners, and other domestic workers have basic rights and protections at work. These rights apply to all domestic workers who work within the city limits of Seattle, regardless of whether the worker is treated as a contractor or employee, and regardless of their immigration status or legal work authorization:

> Minimum wage

Domestic workers must be paid at least Seattle’s minimum wage. As of January 1, 2020, the minimum wage is $15.75/hour for smaller employers with 500 or fewer employees. (Different minimum wage rates may apply if you are employed by an employer with more than 500 employees, or if your employer pays at least $2.25/hour towards your medical benefits.)

> Meal and rest breaks

Domestic workers in Seattle have the right to a 30-minute uninterrupted meal break (unpaid) if you work more than five hours in a shift, and a 10-minute uninterrupted rest break for every four hour shift. If it isn’t possible to take a meal or rest break, the hiring entity which pays you must provide additional pay for the missed break time.

> Right to rest for live-in caregivers

Live-in domestic workers must receive at least 24 consecutive hours of rest without work responsibilities after working six days in a row. Protection of original documents: Employers and hiring entitled may not keep a worker’s original documents or personal paperwork, such as passports and visas.

> Standards board

The Domestic Workers Bill of Rights also establishes a first-of-its-kind Domestic Workers Standards Board — a place where workers, hiring entities, and city representatives can come together to address issues in the industry and develop new policies to raise standards and improve protections for workers. One new policy being considered by the board currently is how best to provide portable benefits, like paid time off, to domestic workers.

> Protection from discrimination, harassment, and retaliation

An employer or hiring entity may not discriminate against any person in matters related to employment including hiring, firing, terms and conditions, wages and promotions. Workers are also protected from being retaliated against for exercising their rights. Anti-retaliation protections specifically forbid hiring entities from communicating information on a worker or family member’s immigration status, or threatening to communicate such information.

Additional rights for domestic workers who are employees:

Paid sick and safe time: Domestic workers who are classified as employees are also entitled to paid sick and safe time. You will typically earn 1 hour of paid sick time for every 40 hours worked, which works out to about 6 days per year if you work full-time hours. You can use your paid sick time when you or a member of your household are sick, have a doctor appointment, or for issues related to domestic violence. Your employer cannot require a doctor’s note unless you are out for more than 3 consecutive days. (We are working through the Standards Board to expand paid sick and safe time to domestic workers classified as independent contractors.)

Paid Family Medical Leave: Domestic workers who are classified as employees qualify for Washington State’s Paid Family Medical Leave, which provides longer periods of paid time off in the event of illness or caregiving need. (Domestic workers who are classified as independent contractors can opt into the Paid Family Medical Leave program by paying the premiums themselves.)

Independent Contractor or Employee?

There are complicated legal rules which specify whether someone should be classified as an employee or an independent contractor. Basically, the rules are about how much independence and control you have over your work — the more independence and control you have, the more likely it is that you can legally be classified as a contractor. Employees in Washington have some specific rights that contractors don’t have, but there are a variety of pluses and minuses to working as a contractor and working as an employee. Keep in mind that even if your employer is paying you as a contractor, you still may be an employee under the law. Fill out the form below if you believe you are being misclassified as a contractor or would like more information on your rights as a domestic worker.

Questions or comments?

If you still have questions about your rights, want to connect with other nannies and domestic workers, or want to get involved in our campaign to win new rights for domestic workers, fill out your info below and we’ll be in touch!