Definitions

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. (MA REG. # 1295, Dated 9-11-15) 32.02: continued 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. 940 CMR: OFFICE OF THE ATTORNEY GENERAL