Know Your Rights

You cook their meals. You raise their children. You clean their homes. You care for their parents. You keep households running — often in silence, often alone, often afraid to speak up.

You are not invisible. You have rights. And the law is on your side — no matter what your immigration status is.

What kind of work do you do?

Housekeeper

If you are a housekeeper, you are entitled to overtime pay. You are covered by both state (NYLL) and federal (FLSA) law to receive at least minimum wage for all hours worked, as well as overtime at one-and-one-half your regular hourly rate. You can be categorized as a live-in or daily housekeeper.

Live-In Housekeeper

If you work at least 120 hours in your employer's home per week, or work 5 or more consecutive days or nights, you are considered a live-in housekeeper.

Your Rights:

Minimum wage: $17.00 per hour in New York City, and in Nassau, Suffolk, and Westchester Counties; $16 per hour throughout the rest of New York State.
Overtime Pay: One and one-half times your regular rate for all hours worked beyond 44 hours in a 7-day workweek.
Weekly Pay: Wages must be paid every week.
Wage Information: You are entitled to receive a wage notice when hired and weekly statements, both in English and your primary language.
Weekly Rest Periods: At least 24 consecutive hours of rest each week. If you voluntarily work on your designated rest day, those hours must be paid at the overtime rate.
Paid Rest Days: After one year of employment, you are entitled to three paid rest days each year.
Meal Breaks: If you work a shift of more than 6 hours on any day, you are entitled to at least 30 minutes free from duty for a meal period. The employer does not have to pay you for this time. If your employer gives you short (10 to 15 minute) breaks, these are considered time worked and cannot be deducted from your pay.
Sick Leave: Employers with four or fewer employees and a net income of $1 million or less must provide up to 40 hours of unpaid sick leave annually. However, if the employer's net income exceeds $1 million, they must provide up to 40 hours of paid sick leave annually. Employers with between five and 99 employees must provide up to 40 hours of paid sick leave annually. Employers with 100 or more employees must provide up to 56 hours of paid sick leave annually

Daily Housekeeper

If you do not live in your employer's home, you are considered a daily housekeeper.

Your Rights:

Minimum wage: $17 per hour in New York City, and in Nassau, Suffolk, and Westchester Counties; $16 per hour throughout the rest of the New York State
Overtime Pay: One and one-half times your regular rate for all hours worked beyond 40 hours in a 7-day workweek
Weekly pay: Wages must be paid every week.
Wage Information: You are entitled to receive a wage notice at hire and weekly wage statements both in English and your primary language.
Weekly Rest Period: At least 24 consecutive hours of rest each week. If you voluntary work on your designated rest day, those hours must be paid at the overtime rate.
Paid Rest Days: After one year of employment, you are entitled to three paid rest days each year.

Anti-Discrimination & Harassment Protections

Anti-discrimination and harassment laws protect you from harassment based on gender, race, religion, or national origin and prohibit retaliation. Employers must post a notice of your rights in a visible location. New York's Domestic Workers' Bill of Rights is there to help you.

Important: These protections apply regardless of your immigration status. Your employer cannot use your status to deny wages, threaten you, or retaliate against you.

Nannies & Babysitters

If you provide childcare in someone else's home, your rights depend on whether you work on a professional/regular basis or a casual basis. The distinction determines your entitlement to minimum wage and overtime.

Full-Time Nanny

Professional or regular childcare provider

Nannies and babysitters provide custodial care and protection, during any part of the 24-hour day, of infants or children in or about the private home in which they reside.

This category generally does not include services provided by trained professionals, such as nurses, whose primary duties involve specialized medical care. However, workers employed in a private household may still qualify as domestic workers even if they are not considered casual babysitters.

If any of the following apply, you are entitled to minimum wage and overtime pay:

You regularly work over 20 hours per week as a babysitter.
Employed by an employer or agency other than the family

Your Rights:

Minimum wage: $17.00 per hour in New York City, and in Nassau, Suffolk, and Westchester Counties; $16 per hour throughout the rest of New York State.
Overtime Pay: One and one-half times your regular rate for all hours worked beyond 44 hours in a 7-day workweek.
Weekly pay: Wages must be paid every week.
Wage Information: You are entitled to receive a wage notice at hire and weekly wage statements both in English and your primary language.
Weekly Rest Periods: At least 24 consecutive hours of rest each week. If you voluntarily work on your designated rest day, those hours must be paid at the overtime rate.
Paid Rest Days: After one year of employment, you are entitled to three paid rest days each year.
Meal Breaks: If you work a shift of more than 6 hours on any day, you are entitled to at least 30
minutes free from duty for a meal period. The employer does not have to pay you for
this time. If your employer gives you short (10 to 15 minute) breaks, these are
considered time worked and cannot be deducted from your pay.

Casual Babysitter

Irregular, intermittent, or secondary income

If your babysitting work is irregular or intermittent, typically does not exceed 20 hours per week, and is not your main source of income — you are employed on a "casual basis."

Not entitled to minimum wage or overtime.

What about non-childcare household work?

If household work not related to caring for children exceeds 20% of your total hours on a particular assignment — you are employed on a "non-casual basis" and entitled to minimum wage and overtime for those hours.

I care for children in my own home

This is considered non-covered employment under domestic worker law — but may be classified as daycare and subject to different licensing and regulations.

Anti-Discrimination & Harassment Protections

Important: These protections apply regardless of your immigration status. Your employer cannot use your status to deny wages, threaten you, or retaliate against you.

Home Health Aides

If you provide home health or companionship services in a private home, you may be entitled to minimum wage, overtime, weekly pay protections, and written job-condition notices.

Medical Services / Home Health Aide

Certified by state agency, directed by RN supervisor

If you provide fellowship, protection, and care for an elderly person or person with an illness, injury, or disability who requires assistance in caring for themselves, you may be working as a companion.

If you spend 20% or more of your workweek providing such care, you are a domestic service employee and are entitled to minimum wage and overtime pay.

The same protections also apply if:

Your work primarily benefits members of the household other than the person you care for
You perform related services that typically require training and are performed by medical personnel
You are employed by a third-party employer or agency

What if companionship care is less than 20% of the workweek?

The companionship services exemption may apply, and minimum wage and overtime rules may not apply to that portion of the work.

If you are certified by a State agency, follow the directions of a client's RN Supervisor and take a lead role in client care.

Your Rights:

Minimum wage — $17/hr NYC, $16/hr outside
Overtime at 1.5x beyond 40/week (44 if live-in)
24-hour shifts: paid at least 13 hours if given 5 hours uninterrupted sleep
Weekly pay
Wage notice at hire and weekly statements in English and your primary language
At least 24 consecutive hours of rest each week
After one year: 3 paid rest days annually

Employed through an agency?

Agencies must provide a written statement detailing job conditions — wages, hours, services, and terms. A copy must be retained for three years. Agencies must ensure licensure, maintain records, conduct annual assessments, and provide in-service education.

Anti-Discrimination & Harassment Protections

Important: These protections apply regardless of your immigration status. Your employer cannot use your status to deny wages, threaten you, or retaliate against you.

Other Employment

Other domestic-service roles may still be entitled to minimum wage and overtime depending on whether the worker is treated as an employee or independent contractor.

Companionship Services

If you provide fellowship, protection, and care for an elderly person or person with an illness, injury, or disability who requires assistance caring for themselves.

If you spend 20% or more of your workweek providing care — entitled to minimum wage and overtime.

Also covered if:

Work primarily benefits other household members
Services require training typically done by medical personnel
Employed by a third-party employer or agency

Less than 20% of workweek?

"Companionship services exemption" applies — not entitled to minimum wage or overtime.

Personal Assistant

Majority of the time considered an employee, not independent contractor. If domestic service employee — entitled to minimum wage and overtime.

"On call" time so restricted you can't use it freely → compensable
"On call" but free to come and go → not compensable

Au Pair

Must be paid per FLSA as implemented by USDL.

Max 10 hours childcare per day
Max 45 hours childcare per week
Minimum 1.5 days off per week
One complete weekend off per month
2 weeks paid vacation

Chauffeur

If working as an employee — entitled to minimum wage and overtime. Paid for all work-related driving. If required to be home and ready to drive — that is "on duty" and must be paid.

Independent contractors often have fixed periods and transfer between employers. Domestic service employees usually work for one employer continuously.

Cook

If working as a domestic worker, cooks are entitled to minimum wage and overtime compensation.

Landscaper

If working as an employee rather than an independent contractor — entitled to minimum wage and overtime.

Anti-Discrimination & Harassment Protections

Important: These protections apply regardless of your immigration status. Your employer cannot use your status to deny wages, threaten you, or retaliate against you.

Contact Us

Schedule a confidential consultation regarding your labor and employment law concerns.

Pechman Law Group PLLC

New York Labor and Employment Lawyers

Address

488 Madison Avenue, Suite 1704
New York, NY 10022

Phone

212-583-9500

Email

info@pechmanlaw.com

Getting Here:

Located in Midtown Manhattan between 51st and 52nd streets. Closest subway: 51st St (#6 Line) and Fifth Ave (E/M Lines, exit to Madison Ave). Also near Rockefeller Center (B/D/F/M). Parking on 51st St (between Third & Lexington) and 52nd St (between Fifth & Sixth).