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.

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