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Written Contract Requirements
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The contract must be in English and the domestic worker’s preferred language. (N.J.S.A. 34:11-71c).
The employing hiring entity(ies) and domestic worker must have enough time to review the contract.
They must sign and date the contract. (N.J.S.A. 34:11-71a).
A referral or employment agency must provide domestic workers and an employing hiring entity(ies)
with information concerning contract requirements of the Domestic Workers’ Bill of Rights when an
employing hiring entity(ies) is connected with a domestic worker. The referral or employment
agency must make this model contract available to the employing hiring entity(ies).
(N.J.S.A. 34:11-71e).
The contract between the employing hiring entity(ies) and the covered domestic worker must
include (N.J.S.A. 34:11-71a):
• A specific list of job duties
•
Any other benefits provided
• Hourly wage and overtime wage
•
Modes of transportation required and
whether provided
• Weekly schedule including number of
hours per week
•
Monetary value of housing if provided
• Payment method and frequency
•
Sleeping period and personal time for live-in
workers
• Breaks for rest and meals
•
The term/duration of the contract
• Paid or unpaid leave including sick time
•
Any additional terms and conditions of
employment
• Paid holidays
The written contract between the domestic worker and the employing hiring entity(ies) shall not
contain either:
(1) A mandatory pre-dispute arbitration agreement for claims made by a covered domestic
worker against a hiring entity regarding the local rights of the worker, or
(2) A non-disclosure agreement, or non-competition or non-disparagement agreement,
limiting the ability of the covered domestic worker to seek compensation for performing
domestic services after the worker ceases to receive compensation from the hiring entity
for the performance of domestic services. (N.J.S.A. 34:11-71b).
Learn more
Find more information on the NJ
Domestic Workers’ Bill of Rights at
nj.gov/labor/domesticworkers.
Employers must keep record of this contract in order to demonstrate compliance
Division of Wage & Hour Compliance
New Jersey Department of Labor and Workforce Development
wage.hour@dol.nj.gov • 609-292-2305 • nj.gov/labor
New Jersey Domestic Workers’ Bill of Rights
Model Contract
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This model written contract is to be agreed upon and signed by the employer and the employee.
Because a domestic worker may be jointly employed by more than one hiring entity, this model
written contract allows for the parties to include multiple joint employer hiring entities. Where
there is only a single employer, the users of this model written contract may disregard references
to joint employers and joint employment.!
Where an employer has an overlapping employment relationship with another hiring entity relative
to the employment of a domestic worker, the entities that have an overlapping employment
relationship with the domestic worker are by law jointly and severally liable for any violations of the
Domestic Workers’ Bill of Rights. (N.J.S.A. 34:11-79a).
Prevailing language clause: The English language version of a contract shall be controlling in all
respects and shall prevail in case of any inconsistencies with translated versions, if any.!
Contract Enforcement
Under the Domestic Workers’ Bill of Rights, a material breach by the employing hiring entity(ies) of
a contract with a domestic worker will constitute a violation of the law, regardless of whether the
breach is of a contract provision that is required by the Domestic Workers’ Bill of Rights. (N.J.S.A.
34:11-77c). In this case the employing hiring entity(ies) could face enforcement action by the NJ
Department of Labor and Workforce Development.
Written Contract Definitions Under N.J.S.A. 34:11-70
Casual work: work that is (1) irregular, uncertain, or incidental in nature and duration, and
(2) diZerent in nature from the type of work in which the worker is customarily engaged.
Domestic worker: any worker who:
(1) works for one or more employers, and
(2) is an individual who works in residence for the purposes of providing any of the following
services:
(a) caring for a child,
(b) serving as a companion or caretaker for a sick, convalescing, or elderly person or a
person with a disability,
(c) housekeeping or house cleaning,
(d) cooking,
(e) providing food or butler service,
(f) parking cars,
(g) cleaning laundry,
(h) gardening,
(i) personal organizing, or
(j) for any other domestic service purpose.
The following are expressly excluded from the definition of “domestic worker:”
(1) a family member; specifically, “a spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-
law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the
individual is related by blood, marriage, or adoption,”
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(2) an individual primarily engaged in house sitting, pet sitting or dog walking,
(3) an individual working at a business operated primarily out of the residence, such as a home
day-care business,
(4) an individual whose primary work involves household repair or maintenance, such as a
roofer, plumber, mason, painter, or other similar contractor,
(5) an employee of the State or the United States, or
(6) an individual established as a kinship legal guardian, as defined by N.J.S.A. 3B:12A-2, of a
child who lives in the residence or an individual who participates in the Kinship Navigator
Program, as authorized by the Department of Children and Families, as a caregiver of a
child who lives in the residence and receives services provided by a kinship navigator
service provider.
Employment agency: any person or entity that procures, or attempts to procure, any workers
for referral to a third party.
Hiring entity: any employer, as defined in N.J.S.A. 34:11-4.1, who employs a domestic worker and
also means any person, firm, business, partnership, association, corporation limited liability
company, or other entity, including referral, employment , and internet based or on-demand
platforms, that provide compensation directly or indirectly to a domestic worker for the
performance of domestic services and any person or persons acting directly or indirectly in the
interest of the employer in relation to the domestic worker.
Referral agency: any person or entity that procures, or attempts to procure, directly or indirectly
through placement in a physical or virtual labor pool:
(1) employees; and
(2) after the procurement does not continue involvement in the terms of exchange of domestic
services with the employees in any way, with the exception of the following:
(a) continuing to display, host, or advertise, either through physical means or virtual
means, the workers’ contact information, job qualifications, resume, image, or digital
profile which employers or clients can use to independently contact employees about
employment; or
(b) removing, either through physical means or virtual means, the workers’ contact
information, job qualifications, resume, image, or digital profile, which employers or
clients can use to independently contact employees, upon the mandate of any federal,
State, or local laws.
I. Basic Information
This written contract contains the agreed-upon terms and conditions of employment and services
between _________________________ (“Employer”) and ___________________________ (“Employee”).
1. Employer Contact Information
a. Employer name _______________________________________________
b. Employer phone number _______________________________________
c. Employer email _______________________________________________
d. Employer address _____________________________________________
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2. Joint Employer Contact Information (if applicable)
a. Employer name _______________________________________________
b. Employer phone number _______________________________________
c. Employer email _______________________________________________
d. Employer address _____________________________________________
<8!!!Employee Contact Information
a. Employee name _______________________________________________
b. Employee phone number ______________________________________
c. Employee email _______________________________________________
d. Employee address _____________________________________________
4. Individual(s) receiving care or companion services (if applicable)
a. Full name _____________________________________________________
b. Age _____________
c. Emergency Contact Name _____________________________________
d. Additional Information about individual receiving care services ______________________
___________________________________________________________________________________
___________________________________________________________________________________
5. !!!The place of work is located at (address) _____________________________________________
______________________________________________________________________________________
6. ! The start date of employment is ___________________________
7.! The length of employment (check one):
☐ Option 1: The length of employment is until either party ends the agreement.
☐ Option 2: The employment between the parties will end on QQQQQQQQQQ!NR"$,'0HE)&H!
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8. Type of position (check one):
☐ Option 1: Live in the employer’s home.
☐ Option 2: Live outside the employer’s home.
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Notification of Termination
Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-74)
An employer of a domestic worker must notify the domestic worker of the termination of
employment at least two weeks prior to the date of termination, and for a live-in domestic worker,
the employer must notify the domestic worker of the termination of employment at least four
weeks prior to the date of termination.
The employer is not required to provide the domestic worker with prior notification of termination
of employment under the following circumstances:
If the employer has a good-faith belief and without reckless disregard or willful ignorance of the
truth that the domestic worker has engaged in “significant misconduct;” defined in the law to
mean, “that the domestic worker abused, neglected, or caused any other harmful conduct against
the employer, members of the employer’s family, or individuals residing in the employer’s
household,” or
If the employer is a temporary help service firm, employment agency, or other staZing or
placement agency, health care service firm, home health agency, or hospice provider, the
domestic worker completes placement in a particular position and is not immediately placed or
scheduled for another position by an employer if the employer, but the domestic worker remains
on the employer’s payroll for future placement opportunities, or
If the domestic worker is employed by an employer that is an individual (and not a temporary help
service firm, employment agency, or other staZing or placement agency, health care service firm,
home health agency, or hospice provider), regardless of whether the employer is the person
receiving care from the domestic worker, and the domestic worker completes or fulfills all duties of
the position, and there is no longer a practicable need for the position, including, but not limited to,
if the domestic worker’s employer is an individual who has employed the domestic worker to care
for a person who is terminally ill and the terminally ill person passes away.
Failure to provide the two-week or four-week notification as required, will entitle the domestic
worker to severance pay in the amount of the domestic worker’s regular hourly rate multiplied by
the regular number of hours worked over the period of time during which the required notification
was not provided.
For information on Unemployment Insurance see myunemployment.nj.gov.
II. Job Position and Responsibilities
Job Position
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For the above position, the employee agrees to perform the following duties (check all that apply):
Personal and Health Care
☐ Assist with transfers
☐ Assist with walking
☐ Assist with bathing
☐ Assist with dressing/undressing
☐ Assist with grooming
☐ Assist with toileting
☐ Provide bowel and bladder care
☐ Provide diapering
☐ Assist with exercising
☐ Assist with or administer medication
☐ Other tasks, including _______________________________________________________________
______________________________________________________________________________________
!
Household Support/Cleaning
☐ Prepare meals
☐ Assist with feeding
☐ !Clean dishes and kitchen
☐ Vacuum
☐ Dust
☐ Mop
☐ Clean windows
☐ Clean bathrooms
☐ Clean garage
☐ Wash, dry, fold and put away laundry
☐ Change bed sheets
☐ Replace towels
☐ Make beds
☐ Take out trash and recycling
☐ Shop for groceries
☐ Run errands
☐ Coordinate transportation
☐ Provide transportation to/from ______________________________________________________
☐ Light cleaning, including ____________________________________________________________
☐!!Pet care, including _________________________________________________________________
☐ Other tasks, including ______________________________________________________________
Companionship and Support
☐ Companionship and conversation
☐ Appointment and activity scheduling
☐ Go for walks and spend time outdoors
☐ Social engagement, including ________________________________________________________
☐ Other tasks, including _______________________________________________________________
_______________________________________________________________________________
Child Care
☐ Assist with bathing
☐ Assist with dressing
☐ Assist with toileting
☐ Provide emotional support
☐ Facilitate naps
☐ Care for a sick child and administer
medicine, as needed
☐ Research, plan and participate in enrichment activities, including ______________________
______________________________________________________________________________________
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☐ Organize or supervise a child’s daily activities, including (for example) games, walks, play
dates, playground outings, homework, reading to the child ________________________________
______________________________________________________________________________________
☐ Other tasks, including ______________________________________________________________
_______________________________________________________________________________
Household Support Related to Child Care
☐ Plan meals for child(ren)
☐ Prepare meals for child(ren)
☐ Shop for groceries for child(ren)’s meals
☐ Child(ren)’s laundry
☐ Light cleaning, including ____________________________________________________________
☐ Other tasks, including ______________________________________________________________
Yard work
☐ Yard work, including ________________________________________________________________
Other
☐ Other tasks, including ______________________________________________________________
The employer and employee understand that the employee may complete additional tasks as part
of their employment, that all time spent working must be compensated, and that the above list of
job responsibilities is not exhaustive.
III. Work Schedule
# of hours per week: ___________
☐ Sunday! Start time ___________ End time _____________
☐ Monday!! Start time ___________ End time _____________
☐ Tuesday!! Start time ___________ End time _____________
☐ Wednesday!! Start time ___________ End time _____________
☐ Thursday!! Start time ___________ End time _____________
☐ Friday!! Start time ___________ End time _____________
☐ Saturday!! Start time ___________ End time _____________
IV. Rest and Breaks
Days oZ (specify) ________________________________________________________________________
Hours for “Live-in” Domestic Workers
Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-73)
A live-in domestic worker must not be required to work more than six consecutive days for the same
employer without a 24-hour period of rest, which may be unpaid.
Additionally, per N.J.A.C. 12:56-5.3, employees who reside on their employer’s premises must be
paid for not less than eight hours each day they work.
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Workday meal break: ____________ minutes __________ times a day ☐ Paid ☐ Unpaid
Workday rest break: ____________ minutes __________ times a day ☐ Paid ☐ Unpaid
Other: __________________________________________________________________________________
Workday sleeping period for live-in workers (specify): _______________________________________
________________________________________________________________________________________
☐ Paid ☐ Unpaid
Workday personal time for live-in workers (specify): ________________________________________
________________________________________________________________________________________
☐ Paid ☐ Unpaid
Other: __________________________________________________________________________________
Meal and Rest Breaks
Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-72)
An employer of a domestic worker must comply with the following:
a. An employer of a domestic worker shall allow the domestic worker an uninterrupted paid rest-
period of not less than ten minutes for each four consecutive hours worked, unless the nature
of the work prevents the domestic worker from being relieved of all duties for such period of
time, such as some types of child care and caretaker work for a sick, elderly or disabled
person. In those types of work where the domestic worker is not relieved of all work duties, an
“on-duty” rest period shall be provided. The employer shall pay the domestic worker for the
time spent on a rest break at the domestic worker's regular rate of pay.
b. The employer shall allow an uninterrupted 30-minute meal break after more than five
consecutive hours worked. Unless the domestic worker is relieved of all work duties during
such 30-minute period and is permitted to leave the work site during that break, the meal
period shall be considered an "on-duty" meal period and shall be paid at the domestic worker's
regular rate of pay.
c. An "on-duty" meal or rest period shall be permitted only when the nature of the work prevents a
domestic worker from being relieved of all duties and when, by written agreement between the
parties, an "on-duty" meal or rest period is agreed to. The agreement may be revoked by the
domestic worker, in writing, at any time. The domestic worker may, to the extent possible given
the domestic worker’s duties for the employer, engage in personal activities, such as resting,
eating a meal, drinking a beverage, making a personal telephone call, or making other personal
choices during “on-duty” meal or rest periods.
d. The employer shall not impede or discourage a domestic worker from taking any meal or rest
breaks.
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V. Compensation
Regular rate of pay is $ __________ per hour
Overtime rate of pay is $ _________ per hour for every hour (or fraction thereof) worked over 40 per
week.
The regular day(s) of pay will be every:
☐ Weekly: ______________________________________________________
☐ Bi-weekly
☐ Other: _______________________________________________________
On the following day of the week:
☐ Sunday ☐ Wednesday ☐ Friday
☐ Monday ☐ Thursday ☐ Saturday
☐ Tuesday
Minimum Wage and Overtime
Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-74)
The minimum wage in New Jersey is adjusted every year. As of January 1, 2024, the minimum wage
for most employees is $15.13/hour. Most employees are entitled to 1.5 times their regular hourly
pay for each hour worked after 40 hours in a week.
Learn more at myworkrights.nj.gov.
Sleep Time
Please note the Fair Labor Standards Act and NJ Wage and Hour law govern under what
circumstances an employer may exclude sleep time from an employee’s hours worked. For more
information and to ensure contracts are, at minimum, consistent with these laws, see nj.gov/labor
and www.dol.gov.
USDOL Wage and Hour Division in NJ
609-538-8310 (Southern NJ) or
908-317-8611 (Northern NJ) !
Domestic worker will be entitled to a ________ % raise every year.
Domestic worker will receive additional compensation amount of $_________________ for the
following (for example, added duties, additional multilingual skills, travel) ____________________
________________________________________________________________________________________
________________________________________________________________________________________
Domestic worker will receive the following additional benefit(s), for example, transportation or
reimbursement for transportation, health insurance or reimbursement for health insurance
premiums ______________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
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VI. Leave Policies
Sick Leave
Under N.J.S.A. 34:11D-1 et seq., the New Jersey Earned Sick Leave Law, each employer must
provide up to 40 hours of earned sick leave per year to each employee. The employer must allow
the earned sick leave to be accrued at a rate of one hour of earned sick leave for every 30 hours
worked, or must advance all 40 hours of earned sick leave to the employee on the first day of the
benefit year.
Learn more at mysickdays.nj.gov
Additional sick leave, if any (specify quantity, accrual method, allowable purposes, notice
requirements, carryover, whether it is paid or unpaid, and any other condition) ________________
________________________________________________________________________________________
Vacation leave (specify quantity, accrual method, notice requirements, carryover, timing, whether it
is paid or unpaid, and any other conditions) ________________________________________________
________________________________________________________________________________________
Parental leave for birth or adoption of a child (specify duration, notice requirements, whether it is
paid or unpaid) __________________________________________________________________________
________________________________________________________________________________________
Family Leave and Family Leave Insurance
Under N.J.S.A. 34:11B-1, et seq., the New Jersey Family Leave Act, each employer with 30 or more
employees must in any 24-month period provide each covered employee with 12 weeks of paid or
unpaid, job-protected leave from employment so that the employee may provide care made
necessary by reason of the birth of a child of the employee, including a child born pursuant to a
valid written agreement between the employee and a gestational carrier; the placement of a child
into foster care with the employee or in connection with adoption of such child by the employee;
the serious health condition of a family member of the employee; or, certain circumstances related
to known or suspected exposure to a communicable disease, or eZorts to prevent spread of
communicable disease during a state of emergency declared by the Governor or when indicated to
be needed by the Commissioner of Health or other public health authority.
For purposes of the New Jersey Family Leave Act, an employee is covered if the employee has been
employed by that employer (the one form which the employee is seeking leave) for at least 12
months and for not less than 1,000 hours during the immediately preceding 12-month period.
Under N.J.S.A. 43:21-39.1 et al., the New Jersey family leave insurance law, a covered employee
who is on leave without pay from employment to care for a family member suZering from a serious
health condition; to be with a child during the first 12 months after the child’s birth, if the individual,
or domestic partner or civil union partner of the individual is a biological parent of the child, or is a
parent of the child pursuant to a valid gestational carrier agreement, or the first 12 months after the
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placement of the child for adoption or as a foster child with the individual; to engage in activities for
which unpaid leave may be taken pursuant to the NJ SAFE Act, N.J.S.A. 34:11C-3, if the individual is
a victim of an incident of domestic violence, a sexually violent oZense, or to assist a family member
of the individual who has been a victim of an incident of domestic violence or a sexually violent
oZense; or due to certain circumstances related to known or suspected exposure to a
communicable disease, or eZorts to prevent spread of a communicable disease during a state of
emergency declared by the Governor or when indicated to be needed by the Commissioner of
Health or other public health authority, may be eligible for up to 12 weeks of family leave insurance
benefits; that is, a monetary benefit that would act as partial wage replacement during the period of
leave. In order to obtain those benefits, the employee would be required to apply to the New Jersey
Department of Labor and Workforce Development.
Learn more at myleavebenefits.nj.gov
Other leave (specify quantity, accrual method, notice requirements, carryover, timing, whether it is
paid or unpaid, and any other conditions) __________________________________________________
________________________________________________________________________________________
Medical Leave and Temporary Disability Insurance
The Federal Family and Medical Leave Act entitles an eligible employee to 12 weeks of paid or
unpaid, job-protected leave in a 12-month period for the birth of a child and to care for the newborn
child within one year of birth; the placement with the employee of a child for adoption or foster care
and to care for the newly placed child within one year of placement; to care for the employee’s
spouse, child or parent who has a serious health condition; a serious health condition that makes
the employee unable to perform the essential functions of the employee’s job; or any qualifying
exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered
military member on covered active duty.
Under the FMLA, an eligible employee is one who works for a covered employer, has worked for the
employer for a total of 12 months, has worked 1,250 hours during the 12 months prior to the start of
the leave, and works at a location where the employer has 50 or more employees within 75 miles.
Under the FMLA, a covered employer is one with 50 or more employees for at least 20 workweeks in
the current or preceding calendar year.
Under N.J.S.A. 43:21-25 et seq., the New Jersey Temporary Disability Benefits Law, a covered
employee who is on leave without pay from employment due to the employee’s own disability may
be eligible for up to 26 weeks of temporary disability insurance benefits; that is, a monetary benefit
that would act as partial wage replacement during the period of leave. In order to obtain those
benefits, the employee would be required to apply to the New Jersey Department of Labor and
Workforce Development.
Learn more at myleavebenefits.nj.gov
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VII. Holidays
The domestic worker will receive the following holidays oZ (check all that apply):
☐ New Year’s Day ☐ Independence Day (July 4) ☐ Veteran’s Day
☐ Martin Luther King, Jr. Day ☐ Labor Day ☐ Thanksgiving
☐ President’s Day ☐ Columbus Day ☐ Christmas Day
☐ Memorial Day
☐ Other: ______________________________________________________________
The domestic worker will receive holiday premium pay of $ ________ for working on the following
holidays ________________________________________________________________________________
VIII. Living Accommodations
☐ The domestic worker will live in the following accommodations provided by the employer(s):
________________________________________________________________________________________
☐ Employer’s home (address and description of living quarters) ____________________________
________________________________________________________________________________________
________________________________________________________________________________________
☐ Other location (address and description of living quarters) _______________________________
________________________________________________________________________________________
________________________________________________________________________________________
Monetary value of housing provided _______________________________________________________
☐ Employer(s) require(s) that the domestic worker reside at this location.
☐ Employer(s) will not enter the domestic worker’s designated living quarters except under these
conditions ______________________________________________________________________________
________________________________________________________________________________________
☐ The domestic worker will have the following opportunity to access telephone and Internet
services on premises ____________________________________________________________________
________________________________________________________________________________________
Privacy
Domestic Workers’ Bill of Rights (N.J.S.A. 34:11-75)
The employer of a domestic worker is expressly prohibited from the following:
1. Keeping or holding the original copies of any personal documents of a domestic worker, or
2. Monitoring or recording, through any means, the activities of a domestic worker either (a) using
any bathroom or similar facilities, (b) in the living quarters of a domestic worker, or (c) while the
worker is engaged in any activities associated with dressing or changing clothes, or
3. Monitoring, recording, or interfering with the private communications of a domestic worker.
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IX. Raising and Addressing Grievances
The employer(s) and the domestic worker will use the following process to raise and address
grievances ______________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
X. Workers’ Compensation
Under N.J.S.A. 34:15-92, each employer of a domestic worker must provide written notice to the
domestic worker of workers compensation insurance coverage and cancellation of a policy.
If a domestic worker is injured on the job, the domestic worker may be eligible to collect workers’
compensation benefits.
Learn more at nj.gov/labor/wc.
XI. Additional Terms and Conditions of Employment
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
XII. Contract Term/Duration
Contract Start Date ______________________________
Contract End Date _______________________________
XIII. Signatures to the Agreement
The undersigned parties have reviewed and voluntarily agree to abide by the terms within this
agreement.
______________________________ __________________________________________ _______________
Employer’s Name Employer’s Signature Date
______________________________ __________________________________________ _______________
Joint-Employer’s Name (if applicable) Joint Employer’s Signature (if applicable) Date
______________________________ __________________________________________ _______________
Domestic Worker’s Name Domestic Worker’s Signature Date
Employers must keep record of this contract in order to demonstrate compliance
Division of Wage & Hour Compliance • Model Template
wage.hour@dol.nj.gov • 609-292-2305 • nj.gov/labor
