Intercultural Human Rights Law Review

First Page



Part I of this comment will begin with an overview of the intersection between domestic work and involuntary domestic servitude to show how the lack of protection for domestic workers can lead to exploitation and domestic servitude. Part II will compare the claims of domestic workers, employers, and civil society in terms of the costs and benefits of enacting protective domestic worker legislation. Part III will set out the legal distinction between domestic workers and domestic servitude by providing an overview of the federal and New York State sources of labor protections and how they have historically excluded domestic workers. It will also describe the federal and international human trafficking laws utilized to protect victims of domestic servitude, and how the courts have interpreted them, as well as delineate the provisions of the New York legislation. Part IV will predict the impact of the New York law and the proposed California Bill. Part V will offer recommendations for national coverage of labor protections for domestic workers, amendments to relevant federal laws, and treaty ratification.