We Are Moving On To Victory, With Hope and Dignity (Seeger Singing). New York State’s 200,000 domestic workers are moving toward a significant legislative victory. Domestic Workers United, an organization of thousands of nannies, housekeepers and elder care workers, went going to Albany Tuesday February 10, 2009 to lobby for the Domestic Workers Bill of Rights. I went with. Update Post Jump.

These workers, largely immigrant women of color, are not “employees” for most purposes under New York State’s Labor Law. Their Bill of Rights will put that right. In 2008, the bill, A01470, gained more than 60 supporters in the NYS Assembly. Sponsored by Keith Wright (and co-sponsored by among other, my Assembly Member Brian Kavanaugh) the bill was acted on favorably by the Assembly Labor Committee (25-1). The Bill of Rights has gotten major support from the NYC Central Labor Council, from AFL-CIO President John Sweeny, Labor Commissioner M. Patricia Smith (as an individual) and progressive organizations (eg: Jews For Racial & Economic Justice and CODA, the Lower East Side Political Organization).

You can help without going to icy Albany.Work the phone and email. Ask your representatives to support the Bill of Rights (Find you Assembly Member here and your Senator here ). Thank Assembly Labor Chair Susan John for her work moving the Bill out of Committee and Senator Diane Savino who has agreed to sponsor the Bill of Rights in the NYS Senate.

Update: The Lobbying trip was instructive and fun. At the noon Press Conference State Senators Malcolm Smith and Diane Savino flatly promised that the Senate would pass the bill. Assembly Members Keith Wright and Brian Kavanaugh promised to urge their colleagues to move them bill. Then for the lobbying. The bill has been referred to the Codes Committee, chaired by Joseph Lentol, a very smart, progressive Ddemocrat from Brooklyn. He has already signed on as a co-sponsor. "Joe Lentol is committed to the Bill of Rights" we were told by a staffer. "The only thing which could hold it up in Codes is a signal from the Speaker's Office."

As it happens, we had an appointment with the Labor guy on the Speaker's
staff. He said "You know we're very supportive of this bill. We've moved it through the Labor Committee." In this, I think he reported correctly. In a formal sense, bills are approved in Committee by elected Members. In practice, the Committee Chair and Speaker approve the movement of bills they have agreed to. Then, he said something which I believe reflects Silver's own view -- because I have heard it from Silver staffers before: This bill treats Domestic Workers better than other workers. That is for some a problem. I conclude that supporters of Domestic Workers need to fire up two groups to whom Mr. Silver must listen: his lower east side voters and his fellow Assembly Democrats. More later.

The DWU press release is below:

DOMESTIC WORKERS TRAVEL TO ALBANY TO PUSH FOR LABOR STANDARDS

Coming on the Heels of Assembly Labor Committee Passage of Landmark
Domestic Worker Bill, Workers Say Protections Needed to Guard against Economic Crisis Fallout

Albany, New York – Today, over 200 domestic workers from the New York City area and supporters from around the state traveled to Albany to push for legislation providing comprehensive labor standards for domestic workers employed in private homes. The legislation, which passed the Assembly Labor Committee by a vote of 25-1 last Wednesday, is the first state initiative of its kind and could serve as a model for other states seeking to address the working conditions of nannies, housekeepers, and elder-care providers. Known as the Domestic Workers Bill of Rights, the bill guarantees protection from discrimination, notice of termination and severance pay, sick days, and other basic labor protections to over 200,000 domestic workers in the New York City metropolitan area.

"I applaud New York domestic workers and their supporters for traveling to Albany and working tirelessly to ensure the passage of this legislation," said Assemblyman Keith L.T. Wright of Harlem, the bill's sponsor in the New York State Assembly. "This bill could not come at a better time, as the employers are laying these workers off in record numbers during this financial crisis. Hopefully this legislation will mitigate the pain and difficulty which has been subjected upon these workers for far too long. We will not stop until this is law."

Patricia Francois, a nanny who recently left an abusive situation in Manhattan, came to Albany to explain to legislators why she and other workers need legal protection. Francois was hit by her employer and taken to the emergency room by a neighbor after working approximately six-and-a-half years taking care of her employer's child. "How could you treat me this way? I am taking care of the most precious thing in your lives – and you treat me like I'm taking care of a piece of garbage," said Francois. After physically abusing her, Francois's employers repeatedly asked her to come back and continue working.

"We came to Albany because legislators need to hear first-hand the kinds of abuses domestic workers endure," said Joycelyn Gill-Campbell, former nanny and organizer at Domestic Workers United in New York City. "Because we work alone, in the isolation of our employers' homes, domestic workers are extremely vulnerable to physical and emotional abuse and often powerless to negotiate with our employers for better conditions."

"The financial crisis leaves domestic workers especially at risk," said Molly Biklen, staff attorney at the Urban Justice Center in Manhattan. "We recently saw a domestic worker who was physically attacked by her employer. We have seen a significant increase in the number of domestic workers seeking legal assistance as they are laid off, their hours are cut, or they are forced to take pay cuts. We have also seen an increase in domestic workers who are not paid at all or not paid within a reasonable time period."

Domestic workers are excluded from fundamental federal labor laws, such as the National Labor Relations Act, and do not receive equal protection under New York State law. Domestic workers who traveled to Albany asked legislators to correct these disparities and recognize that domestic work is as difficult and important as any other work. "We make it possible for our employers to go to work, but we have to support our own families, too," said Barbara Young, who has worked as a nanny in Manhattan for over 20 years.

Employers of domestic workers also made the trip to Albany. "Many employers support the bill," said Lane Levine, an organizer at Jews for Racial and Economic Justice (JFREJ) in New York City. JFREJ has built an Employers for Justice network, consisting of over 100 employers of domestic workers, who have made improvements in their employment practices and actively support the Domestic Workers Bill of Rights. "Many employers want to do the right thing by their nannies or housekeepers, but they have nowhere to turn for guidance. Right now, this is a standardless industry. Employers are anxious to have the State set minimum standards for fair domestic employment," said Levine.

The Domestic Workers Bill of Rights is supported by over 80 organizations, including the New York State AFL-CIO. The bill amends New York State law to provide domestic workers protection from employment discrimination; advance notice of termination; severance pay based on the number of years worked; an annual cost of living increase tied to the Consumer Price Index; a limited number of paid vacation days, holidays, sick days, and personal days; time-and-a-half for every hour over 40 hours per week; one day off per 7-day calendar week; and health care coverage for all workers, either provided by employers or as a wage supplement. The bill applies to domestic workers in the downstate MTA region, which includes New York City and Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester counties, and it provides a means of enforcing these standards in court.