Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				940 CMR
				32.00, the following terms shall, unless the context
				clearly requires otherwise, have the following meanings:
Banking of Hours
. A practice where an
				employer pays a domestic worker for a pay period, or fraction thereof, but
				provides no opportunity to work or provides the opportunity to work fewer hours
				than the domestic worker was paid to work, and requires the domestic worker to
				either repay the compensation or make up the time without compensation in a
				later pay period.
Childcare on a Casual, Intermittent and Irregular
				Basis
. Employment involving childcare that is scheduled to be and,
				in fact, is less than 16 hours per week. Employment of 16 hours or more per
				week shall still be deemed to be on a "casual, intermittent and irregular
				basis" if the excess hours of employment are without regularity or are for
				irregular or intermittent periods, such as for shorter school vacation periods,
				but not for instance, on a regular basis during school recess for the summer.
				Childcare on a casual, intermittent and irregular basis may include the
				performance of some household work not related to caring for children, provided
				that such work is incidental to the childcare (
i.e.
, does not
				exceed 20% of the total hours worked).
Domestic Worker
. An individual who
				performs services for an employer for wage, remuneration, or other
				compensation, as further defined by M.G.L. c. 149, § 148B, to provide any
				service of a domestic nature within a household, except:
(a) any individual who provides services to persons with
				disabilities or seniors under the MassHealth personal care attendant program or
				any successor program under M.G.L. c. 118E, §§ 70 through 75;
				and
(b) any individual whose vocation is not childcare and whose
				services for the employer primarily consist of childcare on a casual,
				intermittent and irregular basis for a family or household member.
Employ.
To suffer or permit to
				work.
Employer
. One or more individuals,
				partnerships, associations, corporations, legal representatives, trustees,
				trustees in bankruptcy or receivers who employ a domestic worker to provide
				services within a household, whether the individuals, partnerships,
				associations, corporations, legal representatives, trustees, trustees in
				bankruptcy or receivers have an ownership interest in the household or not. For
				instance, a homeowner who hires a live-in housekeeper to work in the
				homeowner's residence is the employer of the housekeeper. Whereas, the owner of
				a cleaning company who contracts with homeowners to provide house cleaning
				services is the employer of the house cleaners who perform that domestic work.
				An employer shall not include:
(a) any staffing agency, employment agency or placement agency
				licensed or registered pursuant to M.G.L. c. 140; or
(b) any individual for whom a personal care attendant provides
				services under the MassHealth personal care attendant program or any successor
				program under M.G.L. c. 118E, §§ 70 through 75.
Forced Services
. As defined under
				M.G.L. c. 265, § 49, forced services refer to services performed or
				provided by a person that are obtained or maintained by another person
				who:
(a) causes or threatens to cause serious harm to any
				person;
(b) physically restrains or threatens to physically restrain
				another person;
(c) abuses or threatens to abuse the law or legal
				process;
(d) knowingly destroys, conceals, removes, confiscates or
				possesses any actual or purported passport or other immigration document, or
				any other actual or purported government identification document, of another
				person;
(e) engages in extortion under M.G.L. c. 265, § 25;
				or
(f) causes or threatens to cause financial harm to any
				person.
Job-protected Leave
. Any instance of
				absence from work or relief from duty following which a domestic worker has a
				right to return to work and an employer cannot take any adverse action as a
				result of the domestic worker's absence from work or relief from duty.
Rest Period
. A period of time with
				complete freedom from all duties and during which a domestic worker may either
				leave the employer's premises or stay on the employer's premises for purely
				personal pursuits. If an employer agrees to pay a domestic worker for his or
				her rest period, such payment shall be considered vacation time and pay under
				M.G.L. c. 149, § 148.
Shared Services
. Services provided by
				a domestic worker to more than one employer that are intentionally coordinated
				by the employers. For example, in the context of childcare services, shared
				services are commonly referred to as a "nanny share".
Sleep Period
. A regularly scheduled
				sleeping time of not more than eight hours, during which the employer provides
				adequate, decent, and sanitary sleeping quarters and the domestic worker can
				enjoy sleep, uninterrupted by duties.
Vocation.
A career or occupation in
				which or for which an individual has significant experience or training or is
				the individual's calling.
Week.
A seven-day calendar week
				beginning on Sunday and ending on Saturday.
Working Time
. Compensable time that
				includes all time during which a domestic worker is required to be on the
				employer's premises or to be on duty and any time worked before or beyond the
				end of the normal scheduled shift to complete work. Working time shall include
				meal periods, rest periods, and sleep periods unless:
(a) a domestic worker is free to leave the employer's premises
				and use the time for the domestic worker's sole use and benefit and is
				completely relieved of all work-related duties; or
(b) a domestic worker on duty for 24 consecutive hours or more
				enters into a written agreement with the employer pursuant to
				940 CMR 32.03(2)
				 in a manner described under
				940 CMR 32.04(3)
				 to exclude such periods from working
				time.