What Wage Rights Does a Nanny Have NOW?

With all the press the Domestic Worker’s Rights bills are getting these days, there’s a lot of misinformation going around about what wage protection a nanny currently does and does not have.

It’s been quoted in countless articles that the NY Domestic Worker’s Bill of Rights was the first bill to give nannies wage protection. That’s simply not true. New York nannies, both live-in and live-out, have been entitled to minimum and overtime wages for years. Long before any domestic worker’s legislation was even introduced. In California, where the current bill is being debated, live-in and live-out nannies also currently have minimum and overtime wage protection in place.

Why are so many people getting it wrong? Politics would be my guess. And the lack of fact checking. Everyone has their own agenda and says whatever moves that agenda forward.

Below is a quick outline of the basic wage rights all nannies CURRENTLY have. If you’re a nanny and you‘re not being paid according to the laws outlined below, you have the right to take legal action. Now. You don’t have to wait for any legislation to pass.

Minimum Wage

ALL nannies, live-in and live-out, are entitled to minimum wage under the Fair Labor Standards Act (FLSA). This is a federal law and covers ALL nannies in every state.

The federal minimum wage is $7.25 per hour. Some states have higher a minimum wage. In those states, the higher minimum wage applies. To find out what the minimum wage is in your state, click here.


All LIVE-OUT nannies are entitled to overtime wages for all hours over 40 in a 7 day work week under the Fair Labor Standards Act (FLSA). Overtime wages are 1.5 times the regular hourly wage.

In some states, state laws require that all LIVE-IN nannies also receive overtime wages.

• California requires overtime be paid for all hours worked over 9 hours in a work day.

Maryland requires overtime be paid for all hours over 40 in a 7 day work week.

New Jersey requires overtime be paid for all hours worked over 40 in a 7 day work week.

New York requires overtime be paid for all hours worked over 44 in a 7 day work week.

State specific information provided by Kathy Webb of 4NannyTaxes.com. Thanks Kathy!


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Published by

Lora Brawley

Nanny care expert specializing in helping parents and nannies painlessly navigate the hiring / job search process and develop long-term, successful employment relationships. Also a communications trainer, Positive Discipline Parent Educator and Mediator.

One thought on “What Wage Rights Does a Nanny Have NOW?”

  1. I would add that California requires overtime for LIVE OUT nannies after 8 hours in a day – 9 hours in a day if you Live IN.

    Your employer is required to maintain accurate and contemporaneous time tracking records. You can track your own time. If you have a complaint that you cannot get addressed in your workplace, each state has its own Department of Labor and within it is a Wage and Hour office – that’s where you go.

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