This notice provides information about the Protections for Domestic Workers Ordinance here relating to services performed in the City of Philadelphia. A limited number of services performed by Taskers as independent service providers listed on the TaskRabbit website may fall in the category of services by a “Domestic Worker”: housekeeping or house cleaning; gardening; personal organizing; and work for other domestic service purposes. “Domestic worker service” under the Philadelphia Ordinance does not include work performed on a “casual basis.” Although the term casual basis is not defined in the Ordinance, it appears that work performed for a “Hiring Entity” (defined under the Pennsylvania Wage Payment and Collection Law and which includes a person) that in total involves less than five hours in a month is casual and, therefore, the requirements of the Ordinance do not apply.
In the event tasks performed by a Tasker for a Customer are considered covered by the Ordinance, TaskRabbit, a “Referral Agency” only, is providing this information to assist users who are responsible for compliance with the Ordinance. TaskRabbit cannot provide legal advice, nor can it make determinations of whether an individual is a domestic worker or the requirements of the Ordinance have been met.
The requirements of the Philadelphia Protections for Domestic Workers Ordinance are listed below:
- The terms of a domestic workers’ services must be stated in a written contract that includes:
- specific list of job duties;
- hourly wage and overtime wage;
- weekly schedule including number of hours per week;
- the manner and frequency of payment;
- breaks for rest and meals;
- paid or unpaid leave including sick time;
- paid holidays;
- any other benefits provided;
- modes of transportation required and whether provided;
- value of housing if provided;
- sleeping period and personal time for live-in workers;
- the term of the contract; and
- any other terms and conditions as agreed upon by the domestic worker and the hiring entity or as mandated pursuant to the Ordinance
- The provisions of the written contract may not waive a domestic worker’s rights under federal, state or local law.
- The contract must be signed and dated by all parties after ample opportunity to review.
- The contract must be in English and, if the domestic worker prefers another language, the other language preferred by the worker.
- The minimum protections under the Ordinance apply to meal and rest breaks, unpaid leave time, paid leave time, termination, worker documents and privacy, record-keeping, rights against retaliation; and they are incorporated even if not specifically stated in the contract.
- The City of Philadelphia template domestic worker contract is here.