Legal Rights for Child Caregivers in D.C.

1. Child caregivers are employees, not independent contractors. Child caregivers who are engaged on a routine and/or weekly basis to provide in-home care for one or more children are employees. See I.R.S. Publication 926 (2020) (Household Employers’ Tax Guide).

2. The employer of a child caregiver must pay employer taxes and report earnings. See I.R.S. Publication 926 (2020); for D.C. requirements, see also, https://does.dc.gov/service/reporting-questions.

3. Employers of child caregivers must treat child caregivers like employees by:

   1. Paying minimum wage ($16.10/hour) and overtime ($24.15/hr) for hours worked over 40 in a week. See D.C. Code §§32-1001, et seq.; see also, D.C. Code §§32-1301 et seq.

   2. Covering them under a workers’ compensation insurance policy. See D.C. Code §§32-1501 et seq.

   3. Paying taxes for D.C. unemployment insurance benefits. See D.C. Code §§51-101 et seq.

   4. Paying taxes for D.C. paid family leave insurance benefits. See D.C. Code §§32-541 et seq.

4. Child caregivers are also entitled to paid sick and safe leave, at least 3 days per year for full-time work. See D.C. Code §§32-531 et seq.

5. Child caregivers who are expectant mothers are entitled to workplace accommodations and time off to recover from childbirth. See D.C. Code §§32-1231.01 et seq.

D.C. Domestic Worker Bill of Rights

In 2022, the D.C. Council passed the Domestic Worker Employment Rights Amendment Act of 2022. This law provides the following additional rights and protections to nannies, child caregivers, and other domestic workers:

The RIGHT TO A Safe WORKPLACE

Domestic workers are now covered under D.C.’s Occupational Safety and Health Law.

PROTECTION FROM EMPLOYMENT DISCRIMINATION

Domestic workers are protected from all forms of workplace discrimination covered under D.C.’s Human Rights Act, including sexual harassment. There is a limited exception for employers to hire caregivers of a particular gender when the job involves the intimate care of a family member.

The right to a contract

Domestic workers who are employed more than five hours per month in a particular household are entitled to a contract with the “hiring entity” (household employer) which outlines their hours of work, pay, job duties, and other details regarding their relationship, including their legal rights.