Live-in Nannies, Caretakers and Housekeepers: Know Your Rights

I am a nanny, caretaker, or housekeeper living full-time with my employer during the pandemic. What are my rights?

When you live with your employer, the boundaries of the employer-employee relationship may often become blurred. This can make it hard to know what your rights are, and even harder to negotiate those rights with your employer. Fortunately, New York has some of the strongest protections for domestic workers in the country.

You are protected by New York laws regardless of your immigration status.

If you feel your rights have been violated, contact us to speak to an experienced attorney.

As a live-in domestic worker, you are entitled to:

• Weekly pay. Your employer may not take money from your wages to pay for cleaning supplies or equipment.

• Minimum wage. Minimum wage is $15.00 per hour in New York City; $13.00 per hour in Long Island and Westchester; and $11.80 per hour everywhere else in New York State.

Though domestic workers are entitled to at least the minimum wage, your employer may pay you less than the minimum wage in exchange for providing you with food or lodging. Even then, however, the value of the benefits provided to you must still meet minimum wage requirements.

If the employer required you to leave your own home and move into theirs in order to be “on call” for them, it is unlikely they can deduct from your wages for lodging.

One full day (24 hours) of rest every 7 days. The law encourages employers to give you this day of rest on your regular day of worship, but employers are not required to do so.

Overtime. If you work more than 44 hours in a week or choose to work on your day of rest, you are entitled to overtime pay.

Short breaks. Your employer may not take money from your wages for taking short breaks of 10 to 15 minutes.

Meal breaks. If you work a shift lasting longer than 6 hours, you are entitled to a 30-minute meal break.

Sick leave and paid time off. If you have been working for the same employer for 1 or more years, you are entitled to at least 3 days of paid time off and 2 days of paid sick leave. Under the Families First Coronavirus Response Act (FFCRA), you are entitled to an additional 80 hours of paid sick leave if you are quarantined or experiencing COVID-19 symptoms.

If you cannot work because you must care for someone else who is quarantined or experiencing COVID-19 symptoms, you are entitled to 80 hours of paid sick leave at two-thirds your regular rate of pay.

If you cannot work due to child-care responsibilities resulting from the closure of schools or daycare centers, you are entitled to 10 weeks of paid leave at two-thirds your regular rate of pay.

If you are a home healthcare provider, you may be excluded by your employer from receiving these benefits.

Written notice of the terms and conditions of your employment. This should include your rate of pay, your overtime rate, and your regular payday.

Detailed time and payroll records. These records should include your hours worked, your wages, and any deductions from those wages.

Unemployment insurance. This is only available to domestic workers authorized to work in the United States.

Worker’s compensation. If you are a live-in domestic worker, you are automatically entitled to worker’s compensation benefits.

Disability benefits. If you work more than 40 hours a week for a single employer, you are entitled to a policy of up to $170 per week for 26 weeks. To provide you with this benefit, your employer may deduct up to 60 cents from your weekly pay.

A discrimination-free workplace. Under the New York State and City Human Rights Laws, it is illegal for your employer to harass you because of your gender, race, religion, or national origin. This includes sexual harassment. It is also illegal for your employer to retaliate against you for complaining about harassment.

If you are employed by an Agency, many of these rules are different.

For more information, please refer to the New York State Department of Labor’s “Facts for Domestic Workers.”

For coronavirus safety tips and other resources, visit the National Domestic Workers Alliance.

If you feel your rights have been violated, contact us to speak to an experienced attorney.