The right to a proper wage is the law

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BABYSITTERS, NANNIES & HOME AIDES NEW YORK

You take care of their family. The law says they have to pay you properly.

In 2010 New York gave nannies, babysitters, housekeepers and home caregivers their own bill of rights. If you work regularly in someone’s home, you are owed minimum wage, overtime, a day off each week, and paid days off after a year. Cash pay and no paperwork do not change that.

A caregiver seen from behind sitting on a living-room rug with a toddler, stacking wooden blocks in afternoon light from a Brooklyn window.

WHAT YOU ARE OWED IN NEW YORK

The Domestic Workers’ Bill of Rights, in plain words.

These rights come from New York Labor Law and the 2010 Domestic Workers’ Bill of Rights. They apply whether you are paid by check, by app, or in cash, and whatever your immigration status.

01

Minimum wage for every hour

$17.00 an hour in New York City, Long Island and Westchester, and $16.00 in the rest of the state, as of January 1, 2026. Room and board can be counted toward the wage only within the limits New York’s wage rules set.

02

Overtime after 40 hours, or 44 if you live in

One and a half times your regular rate for every hour over 40 in a week. If you live in the employer’s home, overtime starts after 44 hours. A flat weekly amount for a 55-hour week usually leaves the overtime unpaid.

03

One day of rest every week

At least 24 hours off every seven days. If you agree to work that day, it must be paid at the overtime rate.

04

Three paid days off after a year

After one year with the same employer, three paid days of rest each year.

05

A written pay notice and a pay statement

A written notice of your rate, overtime rate and payday when you are hired, in English and, where the State provides a template, your primary language, and a statement with every payment showing hours, rate and deductions. Missing notices carry fixed statutory damages.

06

No unlawful deductions

The employer cannot take money out of your pay for breakage, a lost item, a late arrival, or “training.” Only a short list of deductions is allowed, and only with your written permission.

07

Protection from harassment

Domestic workers are covered by the New York State Human Rights Law, with a right to sue for harassment at work.

08

Paid safe and sick leave in New York City

Employers of one or more domestic workers in New York City must provide up to 40 hours of paid safe and sick leave a year, plus, since February 22, 2026, 32 hours of unpaid protected time off each year.

09

No retaliation for asking about pay

Firing, cutting hours or threatening a domestic worker for complaining about pay is illegal under federal and New York law. If you still work for the family, tell us before you raise it with them, so the timing can be planned.

WHAT A CASE CAN RECOVER

Six years of shorted pay, and more.

01

Every shorted week, up to six years back

New York Labor Law reaches back six years from the day a case is filed. The federal claim covers the last two years of that period, or three if the violation was willful.

02

An equal amount on top, in most cases

Unless the employer proves it acted in good faith, the law adds liquidated damages equal to the unpaid wages, plus 9% interest on the wages.

03

Fixed damages for missing paperwork

Up to $5,000 for never receiving the pay notice at hire, and up to $5,000 for missing pay statements.

04

The employer pays your lawyer if you win

Federal and New York law require a losing employer to pay the worker’s reasonable attorney’s fees and costs.

WHERE FEDERAL LAW STOPS AND NEW YORK CONTINUES

Two gaps in the federal law that New York closes.

The federal Fair Labor Standards Act covers most household workers, but it leaves two openings. New York law fills both.

01

Live-in workers and federal overtime

Federal law does not require overtime for a worker who lives in the employer’s home, only minimum wage. New York requires overtime after 44 hours a week for live-in domestic workers, and after 40 for everyone else.

02

“Casual” babysitting

Federal law exempts babysitting done on a casual basis, and New York’s Bill of Rights also leaves out truly occasional sitting and work for a relative. A regular nanny or a sitter with set days each week is covered. A caregiver employed through an agency has rights under other New York wage rules; ask us. If you are not sure which you are, ask us; the answer turns on how regular the work is, not on what the family calls you.

BABYSITTERS, NANNIES & HOME AIDES

You know your hours. We know what the law says you are owed for them.

Tell us the family, your schedule, and how you were paid. You do not need a contract or pay stubs to start. A lawyer reads every message.

Tell us what happened (718) 484-7510