The Legal Rights and Resources
Available to G-5 and A-3
Domestic Workers

G-5 and A-3 domestic workers are protected from exploitation and abuse by United States federal law, which includes the Fair Labor Standards Act, as well as contract law and state law, both of which provide additional protections. This page will teach you what rights domestic workers are entitled to, how to detect potential exploitation or abuse, as well as where in the D.C. metropolitan area you can go to for help.
The G-5 and A-3 visas are nonimmigrant visas established for the household employees of either foreign diplomats posted in the United States, or the employees of international organizations who reside in the United States. G-5 and A-3 visa holders come from all over the world. The most common countries of origin include the Philippines, Indonesia, Peru, India, Brazil, Sri Lanka, Mexico, Morocco, Chile, and Colombia. G-5 and A-3 visa holders can hold a variety of domestic positions, including cook, butler, valet, maid, housekeeper, governess, janitor, laundress, caretaker, handyman, gardener, groom, chauffeur, babysitter, or companion to the aged or infirm.

The information below can be used to help educate domestic workers about their rights and help them locate culturally appropriate social services.

Know your rights...

As a G-5 or A-3 domestic worker, you have certain legal rights. It is important that you know and understand your rights, so that you will know if they have been violated. The following is a list of some, but not all, of your rights.

Most importantly, you are entitled to comfortable, humane treatment, free from any conditions resembling slavery or forced servitude. Unsuitable conditions would include, but are not limited to:

• Any physical or sexual abuse,

• Psychological abuse, or the use of fear tactics, intimidation, or threats of punishment by your employer,

• Living quarters that are unfit for a human to live in.
Any violation of your physical well-being is a violation of your rights.

• No one, including your employer, has the right to take your passport, visa, or employment contract away from you.

• Most G-5 visa holders and some A-3 visa holders have signed contracts with their employers before coming to the United States. You have a right to keep a copy of this contract. The contract cannot be changed without your consent. All contracts must conform to United States labor laws.

• Your sponsor cannot legally force you to work for anyone outside of his or her immediate family without formally transferring your visa to a different sponsor. Your sponsor must employ you full time and pay you at least minimum wage for the hours you work.

• Your employer must pay you at least the minimum wage. In the District of Columbia, minimum wage is $6.15 per hour, though your employer may pay you $5.15 per hour for the first 90 days you work. In Maryland and Virginia, minimum wage is $5.15 per hour.

• In Maryland and D.C., your employer must pay you overtime (1.5 times your normal wage) for every hour you work beyond your regular 40 hours each week. In Virginia, your employer must pay you minimum wage for the hours you work, but must only pay you overtime if you do not live in his or her house.

• You are legally entitled to receive your wages twice a month, or every other week.

• If you live at your employer’s house, he or she can only deduct from your salary the reasonable cost or fair value of your food and lodging. Your employer is not legally allowed to make any profit from these services.

• If your employer requires you to wear a uniform, he or she must pay for the uniform and its upkeep.

• Your employer must pay Social Security and Medicare taxes. You are entitled to a Social Security card.

• Your employer must pay both federal and state unemployment taxes.

• Your employer must buy Workers’ Compensation insurance for you.

• You should have a bank account in your name, that only you have access to. If you need help opening a bank account, a social service agency can help you.

• In Virginia, your employer must give you one day off for every week you work.
Know what to look for...
The following are just a few warning signs that will tell you if you are being exploited, or if you are at risk of being exploited.

• Did your employer take your passport, visa, or I-9 form? While your employer may need information from these documents, these documents are yours, and nobody can take them away from you.

• Did you receive and sign a written contract, stating your wages and work hours, and that you would be provided with reasonable living and working conditions? You are entitled to a copy of such a contract. Under United States Law, contracts are not required, however, in practice, most G-5 visa holders and some A-3 visa holders do receive them.

• When you arrived in the United States, did your employer change the amount of money he or she had previously agreed to pay you? Did he or she change the hours you had previously agreed to work?

• Has your employer taken control of your bank account? Your bank account is yours, and only you should have access to it. Your employer should not be managing your money. If you need help managing your bank account, social service agencies can assist you.

• Is your salary deposited directly into your account, or does your employer hold onto your money for you? Your salary is your money, and only you should have access to it.

• Are you allowed to use the telephone and leave the house by yourself when you are not working? Does your employer ever limit your contact with other people? When you are not working, your employer cannot control your personal activities.

• Does your employer ever threaten you with deportation, arrest, or other punishments? Such threats or uses of intimidation constitute psychological abuse, and are punishable by law.

If one or more of these situations seems familiar to you, you may be at risk of abuse or exploitation. If you feel that you are being abused or exploited, contact a social service agency as soon as possible.

Ways to get help