Burley Garcia|New law guarantees domestic workers minimum wage in Rhode Island

Domestic workers in Rhode Island will now be Burley Garciapaid the state’s minimum wage under a bill signed into law by Democratic Gov. Daniel McKee.

Traditionally, domestic workers haven’t been given that protection as the Rhode Island minimum wage has increased because under state law, they weren’t considered employees.

The new law eliminates that exception, specifically removing a provision that classifies “any individual employed in domestic service or in or about a private home” as not an employee for the purposes of Rhode Island’s minimum wage laws.

The new law goes into effect immediately.

Before the new law, domestic workers in Rhode Island had only been guaranteed the federal minimum wage of $7.25 per hour.

The minimum wage in Rhode Island is currently $14 per hour. It is set to increase to $15 per hour on Jan. 1

“There’s no reason some workers shouldn’t have minimum wage protections just because they work in households,” said Senator Dawn Euer, who chairs the Senate Judiciary Committee. “This bill extends a very basic protection to some of our most essential workers while removing one of the most puzzling statutes in Rhode Island law.”

Rep. Leonela Felix, said domestic workers nationwide are disproportionately women, people of color and immigrants.

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“Domestic workers are employees just like workers in any other industry in Rhode Island,” she said. “Now is the time to end this discriminatory exemption.”

A 2022 report by the Economic Policy Institute, found that in the United States the vast majority of domestic workers — more than 90 percent — are women; just over half are Black, Hispanic, or Asian American and Pacific Islander women; and they tend to be older than other workers.

Other states have taken similar steps.

In Massachusetts, domestic workers have the same rights as other workers to minimum wage, overtime, and other wage and hour protections.

There are also special rules for domestic workers relating to recordkeeping, rest time, charges for food and lodging, the information they must have about their jobs and rights, and conditions for live-in domestic workers.

In New York, domestic workers have the right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home. Workers also have the right to a day of rest every seven days, or overtime pay if they agree to work on that day.

And in Hawaii, domestic workers are guaranteed at least the state minimum wage and overtime pay after 40 hours of work in week. Workers are also protected from discrimination on the job.