Opinion

June 15, 2011

The forgotten population: Domestic workers in our homes

by Rabbi Shmuly Yanklowitz

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Ever stop to ask the salary of the woman washing dishes on Shabbat in your neighbor’s home, or the gentleman mowing your friend’s lawn about his vacation, or the nanny raising the children down the block whether she had time to sit down for lunch today? If you did, you most likely discovered an unpleasant situation of inadequate pay, few or no breaks, no paid sick or vacation days, and perhaps even bullying or verbal abuse. But how can it be? Those employers (neighbors) seem so nice, and their domestic workers always seem to be smiling and content.

In her 2004 article in The Atlantic, “How Serfdom Saved the Women’s Movement,” Caitlin Flanagan poignantly explained the dynamic between a mother and a nanny: “Standing bravely in the crossfire are nannies, who tend to be the first choice of professional-class mothers who work … and the guilty luxury of a good number of at-home mothers. And, as many of us have learned, the mother-nanny relationship has the potential for being the most morally, legally, and emotionally charged one that a middle-class woman will ever have.”

Domestic workers include housekeepers, nannies, care providers for the elderly, and others who are hired to maintain their employers’ homes and family needs. The nature of the job and the market stands in the way of organizing, and for too long, these workers have gone without the basic legal rights afforded those in other industries by the Wagner Act of 1935, such as decent wages, a safe and healthy workplace, and workers’ compensation. Since this unique work is done in backyards and kitchens, out of the public eye, those who carry it out remain among the most isolated and vulnerable work force in our society, and they must be protected from abuse and mistreatment.

One common problem here in the Los Angeles Jewish community is delayed payment. On this issue, the Ramban explains, “The Torah states, ‘Do not have your worker’s wages remain with you overnight till morning’ — the intent is that you should pay him that day. For if you do not pay him immediately when he leaves work, he will starve and die that night.” The Ramban’s concern for the life of the worker and his or her family is very alive today, as most domestic workers live in poverty at serious risk.

We know from a 2007 report, “Behind Closed Doors,” that most domestic workers earn wages — averaging an annual income of $22,000 to $24,000 — that trap them in a life of poverty, unable to afford basic living necessities and certainly unable to support a family. Only 5 percent receive health insurance coverage. Additionally, the wage theft results in 31 percent more work than necessary. Four out of five don’t receive even 10-minute breaks, and 78 percent don’t receive basic meal breaks. It gets worse: One in four reports feeling insulted or threatened at work, and 10 percent experience acts of violence and/or sexual harassment on the job. This is not only a worker’s rights issue, but also an immigrant and gender issue — 94 percent of these workers are women, and 99 percent are foreign-born. Having a good personal relationship with a home worker and giving a holiday gift do not justify poor work conditions.

Last year, New York was the first state to pass a Domestic Bill of Rights. On June 2, the California Assembly approved the Domestic Workers Bill of Rights, which would expand set industry-wide labor protection standards for household workers and improve the quality of care for children, families and seniors, and it is headed to the State Senate for approval. We must express our Jewish values to the Senate and follow the momentum generated by these efforts to promote similar legislation elsewhere, and to go further, enact industry-specific protections for domestic workers (e.g., regarding the use of kitchen facilities to cook their own food and standards for sleep).

How can we give the keys to our homes — and entrust the welfare of our aging parents and young children — to our domestic workers, and yet not respect them enough to secure their basic rights and dignity?  Our homes serve as a pillar of our Jewish lives. They are what we welcome guests into for festive meals and hold witness to our holy conduct with children and loved ones. Herein lies a tremendous opportunity to engage in one of the defining problems of our time.

The Jewish community can help turn the tide and become public exemplars as just employers in the workplace and in the home. The Domestic Workers Bill of Rights is a good start, but in order to prove effective, its mandate must be carried out. Freedom is not won in mere letters on a piece of paper but in fulfillment of the meaning of those letters. Our obligation to fiscally and emotionally sustain the individuals we hire to help run our households extends beyond law and into the realm of moral imperative. Learning to honor human dignity must start in each of our homes. There need to be Jewish community-wide meetings discussing the work standards we must all commit to for the employees in our homes.

The British Commonwealth’s Chief Rabbi Jonathan Sacks writes in his Haggadah, “Collective freedom — a society that honors the equal dignity of all — depends on constant vigilance ... if we forget where we came from, the battles our ancestors fought and the long journey they had to take, then in the end we lose it (freedom) again.”

This summer, let us use our loving embrace of our tradition and narrative as a springboard into the issues of domestic workers’ rights. Let us welcome freedom into our homes by looking domestic workers in the eyes and expressing our gratitude. Let us exemplify the proper treatment of domestic workers for our children. Consider acting on the courage to see the reality of most domestic workers’ situations. Consider utilizing the ability to see the possibility for change for the most poor right here in our homes. And let us collectively enact a vision that moves the reality of domestic workers to the possibility of better treatment.

Rabbi Shmuly Yanklowitz is the senior Jewish educator at the UCLA Hillel. He is also founder and president of Uri L’Tzedek and a fifth-year doctoral candidate in moral psychology and epistemology at Columbia University.

A version of this article appeared in print.

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Rabbi, may I respectfully suggest that the common practice of paying your domestic worker cash and not reporting and paying the required taxes is the single largest abuse of domestic workers. A woman may clean other peoples homes for 40 years with no Social Security to fall back on in retirement - this is the ultimate disrespect and failure of values on the employers part. Sadly the Domestic Workers Bill of Rights is silent on this economic abuse.

Comment by Kathy Webb on 6/16/11 at 6:16 am

I think most of us would love to pay our caregivers more than we do but the middle class is stuck between a rock and a hard place, and it is very difficult to pay any more than we do. We all are trying to hold down jobs, pay for the ever increasing cost of living and most significantly Jewish tuition which uses up a majority of our incomes. We need solutions to these issues as well in order to find one for this very important problem.

Comment by AK on 6/16/11 at 11:17 am

AK, I totally sympathize with trying to make ends meet. Paying employment taxes, however, is the law. Not paying employment taxes both violates the law AND cheats the household employee of benefits they are entitled to. Picking and choosing which laws we will follow and which we will ignore, justifying it based on our income, or our expenses, or we just don’t like it is a very slippery slope.

Comment by Kathy Webb on 6/16/11 at 12:30 pm

It’s sad to see the excuses the middle class uses to justify the violation of other people’s rights. If we can’t afford to respect the rights of workers we hire, we shouldn’t hire them. These workers also have needs, families to support, and rights to be respected, as we all do. If we don’t have money to buy a car, we don’t buy it. If we don’t have money to pay our gardener, day laborer, domestic workers what they deserve for their work, then don’t hire them. We shouldn’t exploit others in order to maintain our middle class status. Don’t forget they are not a car; they are human beings who represent entire families that depend on the salaries and health of these workers.

Comment by Veronica Federovsky on 6/16/11 at 9:24 pm

Thank you for this stellar article. I publish a nanny newsletter and try to explain these realities and even people in the nanny industry often don’t support other domestics as well as you just did. I couldn’t say it better myself. Thank you!

Comment by Stephanie Felzenberg on 6/17/11 at 4:42 pm

Veronica, THANK YOU! In this country has become standard to overextend ourselves financially (bigger house, nicer car, more domestic help than can really be afforded), and this is a huge part of why our country is in the dire straits that it is today. There is no excuse for not budgeting and being realistic. It is outrageous how few families are willing (or able and shouldn’t be looking) to pay a fair wage as well as the even fewer people who are also willing to do it legally.

Thank goodness for the many good families who have a handle on their finances and have their morals about them. Providing a fair wage and paying employment taxes should be the minimum, not the exception to the rule.

Comment by Sarah on 6/17/11 at 6:21 pm

In modern times most families must have two working parents and working parents are essential to our national economy. A nanny (or any child caregiver) is truly the most important person a parent will ever hire! Unfortunately, there are so many parents that spend more on their landscaping than they do on their nanny’s salary. Employers should consider when compensating domestics workers, that they what they pay for!

Comment by Stephanie Felzenberg on 6/17/11 at 6:41 pm

I am a nanny and strongly support this legislation. The president of Association of Professional Nanny Agencies (APNA) Denise Collins has come out publicly against the bill. I support the bill 100%! That being said, laws won’t change stingy parents. There are 2 different types of nanny employers. One set loves finding the cheapest childcare possible. The other will pay more for great care because nothing is more important than their kids. But, if nannies don’t insist on being paid legally no law matters. 

I would love guidance from the author on how to handle people, organizations, and businesses that do not suppor this legislation.

Comment by Michelle on 6/18/11 at 4:59 am

Michelle, Although I’m not a spiritual leader or author of this article, in my humble opinion you should focus on promoting this bill in a positive manner. I would try to shy away from negative comments towards those who disagree with you and simply promote the legislation positively. We don’t have to agree with others, but we shouldn’t hate them just for thinking differently than us. “You will attract more bees with honey.” Those who strongly disagree with legislation probably won’t read our comments anyway. Let’s promote what we beleive in positively and not get caught up in negativity.

Comment by Stephanie Felzenberg on 6/19/11 at 3:48 am

@Michelle,

Denise Collins is not the President of the APNA as a point of clarification. She is a member.

Opposition to this bill should not be construed as opposition to paying a nanny or any caregiver fairly. This bill moves well beyond fair pay. Most agencies are advocates for fair pay, and most of the individuals who accept the jobs at less than minimum wage, etc. have never worked through an agency.

(continued)

Comment by Kathy Webb on 6/20/11 at 6:39 am

...Many feel the overreach in this bill is not in the best interest of families or nannies. Example, under this bill, a nanny could not do occasional overnights when parents are out of town. Why? Because the law will strictly limit a work day not to exceed 12 hours. Many nannies welcome the extra pay that the occasional overnight brings in. Ditto when parent has an evening appt - if s/he will be gone more than 12 hours in that day s/he will need to arrange for a second caregiver, and the nanny loses that OT $ opportunity.

Fair pay & support of current labor laws is something I think all should rally behind. It is a shame that some of the overreach in the legislation is creating a backlash.

Comment by Kathy Webb on 6/20/11 at 6:46 am

Kathy sorry for the confusion Denise wrote she “represents APNA.”

http://www.nctimes.com/news/opinion/commentary/article_6b202a62-0ac3-56a4-b8ba-67494f82cfb8.html

Comment by Michelle on 6/20/11 at 11:17 am

Under the guise of “goodness” the rebbe treats household employ of domestics as a zero-sum game. US taxpayers are not the villains here; rather it is the immigrants country of origin that has “forgotten its citizens”.  Tapping Jewish guilt the rebbe cites activist-gleaned statistics of abuse lacking “control” polls.. Reality, many domestics send support money home. The gov’t and unions abhor sub-rosa economies; they demand their share, eschewing a vacuum. Problem, if big government and unions get theirs, little remains for dues payers. Presently social-security is headed for bankruptcy without serious reform. Don’t be fooled by crocodile tears!  Auntie Mame

Comment by Mr. Againster on 6/20/11 at 9:39 pm

This is the GOP’s ‘ostpolitik’ courtesy of the Koch Bros
& their shill, Jan Brewer!

Comment by wm goldstein on 6/20/11 at 10:47 pm

Dear Mr. Againster or Auntie Mame (very racist to use the name Auntie Mame),

Honestly, this bill does NOT protect illegals becuase illegals won’t sue employers in fear of deportation.

This legislation would protect tax payers only. Only tax payers have proof of employment.

Who would be stupid enough to try to sue an employer if they are paid illegaly under-the-table, even if they are a legal citizen?!

I promise you illegals and domestics that aren’t paying taxes aren’t protected by this legislation due to fear. This is why legal citizens who work as domestics must insist on being paid legally so they have a record of employment.

Comment by Michelle on 6/21/11 at 2:47 am

Why do I continue forgetting that JJLA the last bastion of the passionate progressive? Thanks for the reminder Bill!  Must trot-off to mailbox to look for latest fatcheck from the scurrilous Kochs…. (exits wringing hands in anticipation)

Michelle, Auntie Mame just a play-on-words; think Anti-maim…..got it? If not,
recommend take two aspirin, emergency phone call to ACLU or nearest recognized union chapter.

Always instructive dealing with those fervently believing another government law, tax,  policy or union dues chit,  places all just citizens firmly on Road to Nirvana.  SHAZAM!
Auntie Mame

Comment by Mr. Againster on 6/21/11 at 7:01 am

These workers are so wonderful. They work for next nothing, so I can afford to sit here and express my sympathy. They keep my house clean, and my yard nice.
We should bring even more illegals into this country, because the endless supply of labor drive wages down so we can afford them. Me no racist. I absolutley love my Mexicans.

Comment by Truth teller on 6/21/11 at 10:26 am

Ugh! Hot topic lured “Truth Teller” from tepee. An amazing and doubtless reliable source with sense of humor to boot. Truth Teller supplies a nationalist label for us to consider. Sorry TT, immigrants from all nations employed as domestics in the U.S. ; including Carribean Islands, Central and South America, The Phillippines, Asia, yea even France. We appear an equal opportunity abuser. A wonder more folks not marching. Auntie Mame

Comment by Mr. Againster on 6/21/11 at 5:09 pm

The INA and APNA have publically opposed this bill. What bothers me is that the nanny industry organizations aren’t allowing room for it’s liberal members to be heard. I think at least both sides of the issue should be discussed and shared. Obviously many people oppose the bill but what about your members that are proponents? I don’t appreciate these groups assuming for their members thatthey all agree with those who support this Republican stance.

Comment by nannymichellede@aol.com on 6/23/11 at 2:39 am

The position of the domestic placement agencies against the bill is actually rather cogent. There is not space here, but perhaps you would like to read it?
http://library.constantcontact.com/download/get/file/1102308221993-143/AB889APNAandINAagencyopposeletterforSenate.pdf

Comment by RKW on 6/23/11 at 4:54 am

You really think their liberal members would want them to represent them in this manner? Both opposition and support of the bill should have been discussed. I read what they wrote and I feel their comments are dire speculation and typical Republican rhetoric.

Comment by Michelle on 6/23/11 at 6:13 am

Why I support the Domestic Workers Bill of Rights. Feel free to vote in support or opposition of the bill at the top of the blog in the link:

http://bestnannynewsletter.blogspot.com/2011/06/value-of-nanny-is-measured-by.html

Comment by Stephanie Felzenberg on 6/24/11 at 2:53 am

AB889 is extremely dangerous and needs to be opposed. This will take away hours from workers and lower their payrates. Wage order 15 is already in place to offer these pay protections. I’m afraid that Senator Ammiano has a very different agenda than actually protecting domestic workers and is using a small group of domestic workers as “Pawns” to his scheme. This bill is NOT good for anyone!Especially the Elderly and Families that hire domestics.

Comment by Roni Mayben on 7/18/11 at 12:42 pm

Oh well Roni,the California Domestic Workers Bill of Rights passed the California Senate Labor Committee on July 6th. Essentially a done deal.

Comment by Michelle on 7/18/11 at 4:07 pm

With all due respect to the rabbi, here’s a quicker fix to the problem:  Failure to pay employment taxes is a felony.
These ‘professional-class working mothers’ are tax cheats.
They’re hurting all of us so turn them in by filing IRS 3949-A. You may fill out Form 3949-A online, print it and mail it to:

      Internal Revenue Service
      Fresno, CA 93888

Comment by wm. goldstein on 7/18/11 at 10:22 pm

I agree wm goldstein! Perhaps the biggest probelm of all is that we need people to be paid on the books to have a record of employment and give in to the system that they want to benefit from!

Comment by Michelle on 7/19/11 at 2:22 am

When one domestic worker makes a low wage it hurts all domestic workers by bringing our average salary down. One one domestic worker has degrading job responsiblities it hurts all domestic workers making employers thinking it’s okay to mistreat workers. When one domestic worker is forced to live in deplorable conditions it opens the door for others to think it’s okay to allow their workers to live in deplorable conditions. We must support all workers in order to help all workers.

Comment by Steffi from Houston on 7/25/11 at 3:31 am

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