Massachusetts Domestic Workers

updated


Aupairs, nannies, child caregivers, babysitters that work 16+ hours per week, housekeepers/cleaners, maids, dog walkers, butlers, gardeners, cooks, and others who work in or around your private residence, are domestic workers and household employees, and as such by law must be paid at least MA state minimum wage, regardless of national origin or immigration status.
Offering a place to live in exchange for said work is not legal. The MA Domestic Workers Law places strict limits on deductions allowed from the wage paid.


Details explaining the rights of Domestic Workers, and the responsibilities of their employers, can be found here. There is information in multiple languages, sample forms and agreements, notices that are required to be given to Domestic Workers, clarification of deductions allowed, worker's compensation rules, and much more. A notice generated by the Attorney General is posted at the bottom of this page.
There is also a link to information on how to recognize and report labor trafficking, which is when employers force someone to work using threats, harm, or restraint, usually without pay, and to which Domestic Workers are particularly susceptible.
See this infographic at the bottom of the page for how to recognize signs of labor trafficking. Full text of the law can be read here [7 pages PDF].


REGULATORY AUTHORITY 940 CMR 32.00: M.G.L. c. 149, ยง190(o).


Domestic Workers are not Independent Contractors, they are Household Employees. The IRS explains this in detail. If you decide to employ a person for any type of domestic work in your house in Massachusetts, you must follow the law, or if you use an employment agency, ensure the agency adheres to the law. If you are employed as a Domestic Worker in Nantucket, which is in Massachusetts, and you are not paid at least state minimum, you have the right to submit a claim for unpaid wages, regardless of immigration status.


In Massachusetts, only licensed Employment Agencies can place Domestic Workers. Staffing and placement agencies do not have to be licensed and cannot legally place Domestic Workers. Licensing laws in Massachusetts exist for a reason. Laws requiring licensing in relation to childcare or domestic workers are especially important. Our children and the people that care for them should be and are held to a greater standard of care than other activities in this state.


In Nantucket, all of this is critical; domestic workers come from around the globe to the island for employment during the summer season, as do tourists and seasonal residents that may require the services of domestic workers including childcare. Many people in both of these populations are likely to be unaware of the legal protections afforded by the state to them and their loved ones.


Parents, the employment agency that supplies you with a domestic worker such as a nanny, aupair, etc must renew their license every year. The agency must carry a license for each location in which they conduct business.
You can call the Massachusetts Department of Labor Standards at 617-626-6970 to verify, or look online at the list of currently licensed Employment and Placement Agencies [opens an excel file]. This file can be found halfway down the main link to the DLS Employment, Placement, & Staffing Agencies Program, under the heading "More Information: Additional Resources".
Domestic workers, it is unlawful for an employment agency to advertise placements or place you in an employment situation without a current local license. Before responding to an ad you should ensure the agency's license is up to date. If you work with an Emigrant Agent, that agent must be part of a licensed Employment Agency.


Special note: at time of posting there is only one licensed employment agency authorized to place domestic workers on Nantucket, ACK Sitters.


The text of the regulation governing Employment Agencies is here [PDF 20 pages] with most of the relevant information found at SECTION 24.11: Requirements and Restrictions Relating To the Placement of Domestic Employees by Employment Agencies.


REGULATORY AUTHORITY 454 CMR: DEPARTMENT OF LABOR STANDARDS 454 CMR 24.00: EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS