Free case review
Please fill out the form below and one of our attorneys will contact you.
Wage Laws Pertaining to Nannies, Butlers and other domestic workers
Back to Practice Areas
Therefore, most people who work directly for others are affected by the law, as long as the work is not just a temporary job, such as babysitting or mowing the lawn.
The Domestic Workers Bill of Rights protects all domestic workers, including US citizens, lawful permanent residents, undocumented workers, and immigrants with another legal status (such as temporary protected status).
New York provides several protections for domestic workers, but it is important to note that these protections only apply to people who work directly for other people. If you work for an agency, the laws that affect you will be different.
According to New York State Labor Law, domestic workers have the following rights:

According to the minimum wage, pay at least the minimum wage in the area.

When the working hours in a calendar week exceed 40 hours, the overtime pay is 1.5 times the basic salary. Live-in employees have the right to work overtime after 44 hours of work a week.

One day off per week (24 hours) or overtime pay if the employee agrees to work on that day.

Payments are made weekly instead of every other week or month.

Deductions from wages are not allowed without written permission from employees, except for legally authorized deductions for employee benefits, such as social security, income tax withholding, automatic savings plans, health insurance, and medical insurance.

No deduction of wages for damages or any other similar reason.

Regardless of payment method (cash, check, direct deposit), written notification of all deductions from payment.

At least three days of paid leave after working for the same employer for one year.
If your hiring requires you to sign a non-compete agreement, a lawyer from the Human Rights Advocacy Firm may recommend that you apply for a severance agreement.
Prevent certain forms of harassment, such as unwanted sexual teasing or any behavior that creates a hostile environment (for example, harassment based on gender, race, religion, or national origin).

If an employee complains of harassment by the employer, they are protected from retaliation.

In addition to the rights of these workers, employers must also keep full payslips and employee hours worked, wages earned by workers, and records of time deducted from these wages. These records should be provided to employees upon request.
For more information about the rights available to domestic workers in New York State, please get in touch with an experienced New York wage and employment attorney at the Human Rights Advocacy Firm.
Human Rights Advocacy Firm lawyers are ready to defend your interests in any unfair situations where an individual's rights and legitimate interests are violated.
Get a free case review
Please fill out the form below and one of our attorneys will contact you.
Practice Areas
Freedom of Whistleblowers Act
Interpol
Failure to pay salaries on public projects
Violation of the tip pool
Violations of non-working hours and removal
LGBT rights
Domestic staff
Overtime for truckers and taxi drivers