New York State Department of Labor
Domestic Workers' Bill of Rights
New York State guidance on domestic workers' rights.
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.
Personal Assistants are often misclassified as independent contractors. If you are an employee, you are entitled to minimum wages and overtime pay if you work more than 40 hours per workweek. If you are "on call", meaning your time is restricted and you cannot use it freely, this is compensable time. If you are "on call" but you are free to come and go, this time is not considered compensable.
Au pairs participating in the U.S. J-1 Exchange Visitor Program have specific rights and protections under the BridgeUSA program.Regular au pairs may work no more than 10 hours per day and 45 hours per week. They must receive compensation in accordance with applicable federal labor requirements. Au Pairs must receive one complete weekend off each month, from Friday evening through Monday morning, as well as at least two weeks of paid vacation during a 12-month program.
If you are working as an employee as opposed to an independent contractor, you are entitled to minimum wage and overtime pay, and you should be paid for all work-related driving. If you are 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.
If working as a domestic worker, cooks are entitled to minimum wage and overtime pay.
If working as an employee rather than an independent contractor — entitled to minimum wage and overtime pay.
Related resources
New York State Department of Labor
New York State guidance on domestic workers' rights.
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