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02 Sep 2010 [18:18 UTC]

Working Life

Beating Up Nannies: The Unseen Abuse of Domestic Workers

by Jonathan Tasini
Friday 01 of June, 2007
Posted to Front Page Posts
If you walk the streets of New York City, you can see the army of people who power the economy--if you decide to look or pay attention. Not the investment bankers and the masters of the universe. Nope, it's the 200,000 domestic workers: nannies, housekeepers, companions for the elderly, babysitters, baby nurses and cooks. And they are among the most abused workers in the economy.

This isn't unique to New York City. Across the nation, there are millions of domestic workers who work in private homes. The economy simply could not function without domestic workers. Sure, rich people certainly hire a lot of domestic workers. But, it's a broad range of middle-class people who employ domestic workers.

Think about it? Don't you hire a babysitter? A house cleaner? When you and your significant other, trying to piece together a middle-class living by holding down two jobs, go off to work, who watches your kids? The fact is the economy could not function if one day all domestic workers decided to take the day off--or, strike...



In New York, there is now a movement to try to get them a better economic deal. I'll come to that in a second. But, first. some facts from Domestic Workers United, the leading advocate for domestic workers in New York.

DWU did a survey and found:

Forty-one percent (41%) of the workers earn low wages. An additional 26% make wages below the poverty line or below minimum wage. Half of workers work overtime—often more than 50-60 hours a week.
Sixty-seven percent (67%) of workers don’t receive overtime pay for
overtime hours worked. Domestic workers are primary providers of
their families in the U.S. and in their home countries, but face severe
financial hardships.

Thirty-three percent (33%) of workers experience verbal or physical
abuse or have been made to feel uncomfortable by their employers.
One-third of workers who face abuse identify race and immigration
status as factors for their employers’ actions.

Nine out of ten domestic workers do not receive health insurance from
their employers. One-third of workers could not afford medical care
needed for themselves or their families. Less than half of workers
receive basic workplace benefits such as regular raises and paid sick
days.

Forty-six percent (46%) of domestic workers experience stress at work.
Employers cause stress by requiring domestic workers to perform multiple
jobs, to do work not in their job descriptions, and to work for
someone other than their employer.

Now, you would be right to wonder: isn't there a law against this? The problem is that domestic workers are not considered "employees" so they do not get the kinds of protections other workers get (albeit, even for those workers the law can be pretty unhelpful--but that's another story). The National Labor Relations Act explicitly excludes domestic workers--so they don't have the traditional right to form a union and collectively bargain (and, yes, once must acknowledge how bad the NLRA is when it comes to the real right to have a union...but that's another story...and something the Employee Free Choice Act will hopefully remedy). The Fair Labor Standards Act which sets minimum wages rates, maximum hours and overtime excludes coverage for "casual" employees. Amazingly, Occupation Safety and Health Act standards explicitly exclude domestic workers--despite the hazards in these jobs (a side note: OSHA is generally toothless because it's impossible, even when we have an agency that is interested in worker safety, to effectively monitor the multitude of workplaces in the country). Finally, Civil rights laws do not apply to employers with fewer than 15 workers--effectively denying domestic workers basic protections.

Forget the stats for a minute. check out one day in the life of "Carla," a live-in nanny:

5:00AM Wake up, take a bath and get
dressed
6:00AM Make breakfast for my three
children, ages 5, 7, and 11
6:25 AM Leave the house to catch the
bus to the train
6:30 AM Catch the bus
—ride for 10 minutes
6:40 AM Arrive at the Marble Hill
Metro North station in the Bronx
7:08 AM Board the Train to Westchester
7:25 AM Arrive in Hasting-on-Hudson and
catch a cab to the house
7:30 AM Arrive at the house, prepare
breakfast for the kids: a six yearold
boy and three year-old girl
7:45 AM The parents, my employers,
leave
7:46 AM Get the boy ready for school:
comb his hair, make sure he
washes, pack his lunch
8:08 AM Get the girl dressed and walk
the boy to the bus stop together
8:13 AM Bus arrives, put the boy on the
bus, walk home with the girl
8:20 AM Prepare the girl for nursery
school: comb her hair, get her
dressed, pack a snack
9:05 AM Walk to the nursery school and
drop her off
9:25 AM Return home and clean the
kitchen, load the dishwasher
10:45AM Clean the children’s rooms, load
the washing machine, begin
preparing dinner
11:45AM Return to the nursery to pick up
the little girl
12:05 PM Return home to make lunch
for the little girl
1 :00 PM Put the little girl down for a nap
2:00 PM Wake the little girl and get her
ready for tap dance class
2:30 PM Take her to tap dance class
3:40 PM Pick up the boy from the bus
stop, return home and prepare
a snack
4:15 PM Get the boy ready for karate
class, pack his gym bag, take
him to class
4:45 PM Pick up the little girl from tap
dance class
5:00 PM Finish preparing dinner
6:00 PM Friend drops the boy off at
home, we start his homework
6:30 PM Feed the kids dinner
7:00 PM Prepare baths for the kids,
parents arrive at home
7:10 PM Parents drive me to train station
7:23 PM Board the train at
Hasting-on-Hudson
7:44 PM Reach the Marble Hill train
station and wait for the bus
8:15 PM Enter my door at home, drop
my bags & take a bath
8:45 PM Have tea and dinner
9:15 PM Lay down in bed with my kids,
listen to them until they go
to sleep
10:00 PM Clean the house
1 1:00 PM Go to sleep

In New York, DWU is leading the effort to get a Domestic Workers Bill of Rights passed. It's been introduced in the state Assembly but the bill's supporters are looking for a sponsor in the Republican-controlled (at least until 2008) state Senate. Here are the main components of the bill:

*Set a minumum wage, phased in from $12 per hour to $14 per hour by 2010.

*Employers would provide health care coverage or a wage supplement (yes, single-payer health care would solve this need).

*One day off per 7-day calendar week. That may sound basic but a lot of domestic workers labor for days on end with no days off.

*Paid sick days, vacations and holidays.

*Advance notice of termination. Again, a basic right.

*Severance pay in accordance with numbers of years worked

By the way, DWU's founder Ai-jen Poo, who was one of the honorees at the annual dinner for the organization I run, Labor Research Association. I wanted to honor Ai-jen not just for the work of DWU but because I think it's important for the labor movement to support the efforts by this huge group of workers--even though they aren't going to become labor union members.

What can you do?

1. DWU's website is under construction but you can see the entire report there now. In the meantime, you can send a note of support and offer a donation to DWU organization: domesticworkersunited [at sign] gmail.org

2. If you are in New York, invite DWU to come to your organization to talk about its campaign.

3. Adopt the standards set forth in the bill. The best way to begin moving living conditions upward is to start setting those standards in your own life. I'm sure most people reading this believe that part of saving the environment means that each person has to change their own behavior. Why shouldn't the same be true when it comes to treating people who work for you?


Comments

Interested in the NYS Domestic Workers Bill of Rights?

by Daniel Millstone, Friday 01 of June, 2007 [16:55:59 UTC]
If so, and in/near NYC, consider joining with Jews for Racial and Economic Justice who are meeting at Judson Memorial Church, Thursday. The announcement is:

"Town Hall Event for Domestic Workers Justice
Thursday June 7th, 6:30pm

Location: Judson Memorial Church, 55 Washington Square South

For more information or to RSVP: danielle@jfrej.org or 212-647-8966 x11

It's time to show mass community support for the Domestic Workers Bill of Rights and get important legislative targets to commit to moving the Bill forward!!! JFREJ needs to turn out BIG for this event. Save your spot now!"

Personally, while I hope to go, I wish JFREJ and others would limit their "Town Hall" events to those actually occurring at Town Hall.

 

by carolm, Friday 01 of June, 2007 [17:20:42 UTC]
This issue goes far beyond New York, of course. I'm in Los Angeles, and have heard countless stories of routine employer exploitation of immigrant baby-sitters -- days that extend to 12 hour without additional compensation; days or weeks without pay because an employer has decided to go on vacation; abrupt firings without severance or, in one case, even being allowed to say goodbye to the child the sitter had come to love. Aside from the enormous issue of justice, I never understood why parents would entrust their children to someone they then treated so callously. Do they honestly think an angry, exhausted  worker provides the best in loving care?

by proletariat, Friday 01 of June, 2007 [21:51:51 UTC]
I don't have a nanny, never had a nanny, nor ever associated with anyone that had a nanny. The Domestic right bill sounds like a good idea, but interestingly many of these rights most employees don't have. The only one non-domestic workers have is the 7 days a week rule.

It certainly seems to me that these middle class families should be prosecuted to the fullest extent of the law, if they are violating any labor laws. If that immigration bill sham goes through we will be seeing more not less of this kind of exploitation. Guest servitude is a lose, lose. lose situation.

I certainly do not see any rationale for domestic laborers to not be covered by federal labor law. But none of that legality means a thing if we have a system that allows illegal immigration to flourish. I imagine the most blatant offenses are a result of the illegality, rather than the domestic nature of the labor. 

Absolutely Correct

by Deena Flinchum, Sunday 03 of June, 2007 [16:09:33 UTC]

It certainly seems to me that these middle class families should be prosecuted to the fullest extent of the law, if they are violating any labor laws. If that immigration bill sham goes through we will be seeing more not less of this kind of exploitation. Guest servitude is a lose, lose. lose situation.

Absolutely correct, proletariat. The single most important deterrent would be a hard, fast crack-down on the employers, including those who bring relatives over under "family reunification" and then put them to work in their businesses and ignore wage, hours, and safety laws. These folks are here legally but they don't dare report abuses because they rely on their abuser to sponsor them. 


by Alan Saly, Sunday 03 of June, 2007 [21:44:48 UTC]
I would like to see you promulgate a code of conduct, or simple statement about what employers of domestic workers should provide to them.  Moral persuasion will help many adopt this code -- even if it's something that is, politically, a non-starter.  A wage way above minimum for domestic workers is desirable and right -- but no politician will support it.

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