Understanding Domestic Employee Rights in New York State: What Every Household Employer Needs to Know

As a nanny in Manhattan for 20+ years and the Placement Manager at Kids & Kaboodles Nanny Agency, I understand how vital it is for both domestic workers employers and employees to know their rights. In New York, domestic employee rights can often be legally mandated, but there are also customary practices within the nanny industry that employers should consider.

Key Points:

1. Overview of Employee Rights Under New York Law

• Under New York's Domestic Workers' Bill of Rights, household employers must: Pay at least the state minimum wage. However, it is typically higher, with nanny rates starting from 25 to 45.

  
  

• Provide overtime pay after 40 hours/week (or 44 hours for live-in employees). - Offer paid sick leave and maintain proper tax with holdings. 

  
  

• Nannies must also be classified as hourly, non-exempt workers NOT salaried employees (not flat rate either ). This ensures they receive the protections guaranteed under both state and federal labor laws.

• Specific rules about overtime pay, sick leave, vacation leave and meal breaks also apply.

Remember that providing outstanding benefits is essential for attracting a high-quality nanny to your home. This includes offering more than just the minimum hourly wage.

2. Wages and Salary

• While the minimum wage law applies, many New York City nannies make much higher rates due to their experience and specialized training.

• The typical nanny rate in NYC now ranges from $25 to $45 per hour depending on the nanny’s child development background, childcare years of experience, and specialized skills.

3. Paid Leave and Benefits

• Paid sick leave is mandatory for those working over 80 hours a month.

• Many families also offer benefits like health insurance stipend or retirement contributions, although they are not legally required but having this in the agreement attracts great nanny candidates.

4. Job Protection and Discrimination

• Domestic employees are protected against discrimination based on race, religion, gender, etc., ensuring fairness and respect in the workplace.

5. Employer Responsibilities to Avoid Legal Pitfalls

• Documentation and a clear contract are essential to avoid misunderstandings and legal disputes.

Whats Not Legally Required But Often Ethically Expected 

While paid federal holidays, health insurance, and retirement contributions are not mandatory, many families choose to offer them to remain competitive and show appreciation. These extras are not just perks they communicate respect and create long-term job satisfaction. For example, offering a full week of paid vacation based on the nanny's regular 50-hour schedule (including overtime) is common, even though not legally required. 

Navigating this balance between legal compliance and ethical practice helps families build transparent, professional, and trusting relationships with their caregivers. 

In the end, It's important to understand your legal obligations as a household employer and consider exceeding them to build a strong, lasting employment relationship. Establishing clear agreements, ensuring timely payment, and maintaining mutual respect are key to fostering a positive home work environment.