Many people in and around New York City make their living by working as a nanny or as another type of domestic worker in someone's home. When you work for a family directly, your employer can easily violate wage and hour laws, since that family is not a company and may not feel concerned about compliance. However, domestic workers and nannies have important rights under state labor laws and you have the right to stand up for the payments you deserve for the hours you work.
New York Domestic Workers' Law
To protect domestic workers, New York has specific wage provisions that apply to this type of occupation. The law considers anyone who meets the following criteria a domestic worker, regardless of immigration status:
- You clean, cook, or otherwise keep up a household
- You provide care for children or older adults
- You engage in other domestic jobs, such as regular repairs or gardening
Domestic workers must engage in this type of work on a regular basis—an occasional landscaper or babysitter will not qualify. In addition, domestic worker laws do not apply to people who receive domestic job assignments through an agency.
Many domestic workers work long hours, especially if they live in the household. In such situations, work weeks can prove difficult to define. However, you must keep track of your hours worked, because the law may entitle you to overtime payments in certain situations.
The law, however, entitles domestic workers to time-and-a-half of their regular hourly rate in the following situations:
- If you work more than 40 hours in a week
- For live-in workers, if you work more than 44 hours in a week
- If you do not take at least one rest day a week, the law entitles you to overtime rates for the seventh day of work
Domestic workers commonly find themselves in the above situations. Unfortunately, employers also commonly neglect to pay the deserved overtime wages. You should always stand up for your rights to overtime pay, and our wage attorney can help you obtain the payment you deserve.
Employers can violate the labor rights of domestic workers in New York in many other ways as well. If you want to go over your rights or discuss a possible violation, you don't wait to contact a skilled New York City attorney who is familiar with domestic worker labor laws.
An Experienced New York City Overtime Attorney Can Help You
If you were denied wages, Braverman Law PC is here to help. Our firm represents employees across a wide range of fields and at every level of income. We believe in your right to receive what you deserve under the law, so please call (212) 206-8166 or contact us online to set up a consultation to discuss your options today.