Pamphlet and Presentation Details

This page contains the web version of a pamphlet entitled Entienda Sus Derechos (Know Your Rights), which was published in 2003 by La Raza Centro Legal . The primary purpose of this pamphlet was to alert domestic workers of their legal rights. Below, a link to the text of the flier is provided. Also, you can order a printed copy of the pamphlet that was developed by sending a self addressed stamped envelope (SASE) to La Raza Centro Legal.

Remember, this part of the website is a quick crash course on employment law and labor standards. In designing this part of the website, you should be aware that the information provided here is aimed at educating and empowering domestic workers.

Part I.
The fastest way to become familiar with the rights of all domestic workers and their legal issues is to review the Wage Order and Labor Code links on this website.

Most labor violations are caused by employers who do not understand how their employee's jobs are regulated. Therefore, many times you not only have to prepare your audience to defend their rights, but also to inform their employer of labor standards and possible violations.

In doing any type of presentation remember that there is no one "domestic worker audience". That is, you are not trying to reach one specific person. From my experience with La Raza Centro Legal's Colectiva de Mujeres domestic workers range in their legal knowledge from minimal to extremely advanced. What this means is that you should try to develop a presentation that covers the basics (such as minimum wage) but also goes into more detail (such as defining the difference between FEHA and the EEOC).

Part II.
Begin your presentation by providing basic information, which includes the actual minimum wage, overtime regulations, and meal and break time regulations. For example, as of July 2003 in California, the minimum wage was $6.75 an hour, over time began after you worked either 8 hours a day or 40 hours a week, break regulations included 10 minute paid breaks for every 4 hours worked, and meal periods were 30 minutes of unpaid time completely off duty every 5 hours. After giving your audience this basic information, you can proceed to more specific information that you can find by reading either the Labor Code or Wage Order sections of this website.

Part III.
For all domestic workers, the most important issue is their responsibilities and the time they spend working on each responsibility (ie cleaning, cooking, etc). If the domestic worker does only babysitting, then the worker is not entitled to overtime. If the domestic worker performs other duties for the family, including laundry, preparing meals or cleaning, and these duties take up at least 20% of the workers' schedule, then the worker must recieve overtime.

Part IV.
Finally, you would want to give workers a sense of their options and the process that they have in obtaining their wages from their employer. First, you can advocate on behalf of the worker with a demand letter and/or verbal requests for wages due. If the employer does not wnat to settle to an amount which is agreeable to the worker, then direct and/or legal action are possible.

Part V.
A direct action would include the organizing of workers where a protest would occur in front of the employers' home. It is beneficial if the press is involved. You would want to contact La Colectiva or another organized group of workers for assistance .

Part V.
A legal action would require a case before the Labor Commissioner, which is a lengthy process of up to a year. (Note: A small claims action is possible. It is a less lengthy process, but there is the risk of the judge not being aware of the workers' rights.) The Labor Commissioner process includes a settlement conference and a hearing where an advocate can represent the worker, and the advocate does not have to be an attorney. (Note: In small claims court, no representation is allowed; however, interpreters are allowed.)

Click here for a printable version of a pamphlet that was given to the Women's Collective during the Summer of 2003 .