Know Your Rights: A Guide for Domestic Workers—Documented and Undocumented

Whether you care for children, clean homes, or support elderly individuals, your work matters. You keep households running, families thriving, and communities strong. But too often, domestic workers—especially those who are undocumented—face unfair treatment, low pay, and unsafe conditions.

This guide is for you. To help you understand your rights, protect yourself, and find support—no matter your immigration status.

Visit https://www.nyc.gov/site/dca/workers/workersrights/know-your-worker-rights.page https://dol.ny.gov/domestic-workers-bill-rights

🧾 What Rights Do You Have?

You might work in someone’s home, but that doesn’t mean you’re not protected by the law. Here’s what you’re entitled to:

• Minimum Wage & Overtime Pay: You must be paid at least the federal or state minimum wage. If you work more than 40 hours a week, you may be owed overtime.

• Safe Working Conditions: You have the right to a safe and healthy workplace.

• Protection from Discrimination: Employers cannot treat you unfairly because of your race, gender, religion, or nationality.

• Rest Breaks & Time Off: Some states require paid sick leave or rest breaks—check your local laws.

• Right to Speak Up: You can report abuse, wage theft, or unsafe conditions.

• Right to Organize: You can join with other workers to demand better treatment.

• Protection from Retaliation: Employers cannot legally punish you for asserting your rights.

⚠️ Many undocumented workers fear deportation if they speak up. That’s understandable—but know that there are organizations and legal protections that can help you.

Common Problems—and What You Can Do

Here are some issues domestic workers often face, and how to respond:

Problem	What It Looks Like	What You Can Do
Wage Theft	Not being paid for all hours, no overtime, below minimum wage	Keep records of hours worked. Contact a worker center or legal aid.
Abuse	Verbal insults, threats, physical harm	You have the right to report abuse. Seek help from trusted organizations.
No Contract	Employer changes duties or hours without notice	Ask for a written agreement. It protects both you and your employer.
Overwork	Long hours without breaks or days off	You may be owed overtime. Talk to a labor rights group for help.

🧭 Where to Get Help

You’re not alone. These groups support domestic workers—documented and undocumented:

• Department of Labor Workforce Protection - https://dol.ny.gov/workforce-protections

• Worker Centers – Local organizations that offer legal help, training, and community.

• Legal Aid Societies – Free or low-cost legal support for labor issues.

• Immigrant Rights Groups – Help with immigration concerns and workplace protections.

Your work is valuable. You deserve fair pay, safety, and dignity—no matter your background or immigration status. Don’t let fear or isolation keep you silent. Learn your rights, connect with others, and speak up when something’s wrong.

Domestic workers across the country are organizing, advocating, and changing laws. You are part of that movement.