'We are women, not machines': Lakewood domestic workers seek better working conditions

LAKEWOOD – Around 60 domestic workers and their supporters gathered last week at the Town Square to protest wage theft, extensive work shifts, lack of personal and sick days off, low pay and sexual harassment.

“We are women, not machines,” they chanted in unison at the march, organized by the New Jersey workers advocacy group, New Labor.

“Workers came together, and they made the collective decision that they need to be making at least $20 an hour and have respect in their workplace, not cleaning on their knees,” said Louis Kimmel, New Labor executive director.

There are two types of domestic worker in Lakewood: those who live in their own homes and those who live in the homes of their employers.  

Most domestic workers in Lakewood work 40 to 50 hours a week with wages ranging from $13 to $18 an hour. While many workers who live in their employers' homes work no less than 72 hours a week for $6 or less an hour, according to Claudia Martinez, domestic workers' committee leader at New Labor.

The national average pay for domestic workers is $12 an hour, according to the Bureau of Labor Statistics. The New Jersey Department of Labor does not keep statistics on  the average wage for domestic workers in the state.

“Rents have gone up. Everything has gotten more expensive after the pandemic. We need $20 an hour so we can subsist,” Martinez said.

In the past 17 years, Martinez said she has not been able to take vacation days. She was only off for a few days in 2017, when her employer terminated her for complaining about the food she was being provided.

Bill of Rights of Domestic Workers

When Maria Almanza started as a domestic worker 15 years ago, she was most concerned about having to scrub floors on her knees. “They would say that the floor would be cleaner that way,” Almanza said. “I was tired of seeing my friends with their knees all bruised, so I needed to do something."

After two years of Almanza advocating through Lakewood’s New Labor office, the Township approved a resolution in 2013 endorsing the 10-point Bill of Rights of Domestic Workers, which condemns working on one’s knees.  

Even though a resolution is not a law, domestic workers did see conditions improve, but even today, some cleaning workers still work on their knees, Almanza said.

Why wasn’t the resolution developed into a binding ordinance?

Mayor Ray Coles, then a township committee member, said that the state and federal government are the appropriate ones to legislate and regulate workers conditions.

“An ordinance would not hold any weight because we cannot legislate who must hire who and how much they need to be paid,” Coles said.

NJ introduces its Bill of Rights

Last January, the New Jersey Domestic Workers’ Bill of Rights was introduced in the state Senate and Assembly. The bill, which is currently under the review of both chambers labor committees, includes the creation of a Domestic Workers Board that would enforce compliance. If approved, the board would be composed of four members from the Department of Labor, and six members from different advocacy groups in the state.  

“Other workers have other laws that protect them, and domestic workers in our country have historically not enjoyed that, largely because of our country’s history and that we don’t value the role of domestic workers,” said Debra Lancaster, director of the Rutgers Center for Women and Work.

The Domestic Workers’ Bill of Rights would also include special rights for domestic workers who live in their employer's homes, a written job contract requirement, a two-week termination notice, and protections against sexual harassment.

“In Lakewood, sexual harassment is a common denominator,” said Virgilio Aran, field organizer from the National Domestic Workers Alliance.

According to Martinez, around a third of domestic workers in Lakewood have been sexually harassed in their workspace by male employers who are naked or wearing only underwear in a worker's presence.

“The employers can afford better lawyers and many of the domestic workers are not eligible for public attorneys because they lack legal residence status,” said Jennifer Garcia, New Labor spokesperson, explaining why the harassment often is not reported.

Wage theft an issue

In addition, 90% of the more than 60,000 domestic workers in New Jersey don’t have a written contract and 57% have been victims of wage theft, according to a 2020 report conducted by Rutgers Center for Women and Work.

“Definitely one of the issues that was highlighted (in the report data) was this idea of wage theft, that they were not getting paid consistently for the work that they did. There’s evidence of that with the workers in Lakewood as there was in other parts of the state,” Lancaster said.

Currently, the New Jersey Department of Labor, which receives few complaints from domestic workers, doesn't have any active complaint cases, agency spokesperson Angela Delli Santi said.

When the department receives a domestic worker complaint, they are typically referred to their wage collection section.

"Wage collection cases are not prosecuted per se. Cases are either settled or heard by an arbiter or referee, who renders a decision," Delli Santi said.

Where to get help

But many domestic workers do not seek help because they wouldn't know where to get it.

According to a survey conducted by Rutgers Women and Work Center, only 27% of domestic workers knew which government agency they needed to contact if they felt their rights were violated. The survey also showed that 29% of domestic workers would also feel deterred from getting help because of fear of termination or wage cuts; 18% because of a language barrier and 10% because of concerns about their immigration status.

Employees can visit myworkrights.nj.gov to file a complaint.

Juan Carlos Castillo is a reporter covering everything Lakewood. He delves into politics, social issues and human interest stories. Reach out to him at JcCastillo@gannett.com