Pay and rest rights for people who work in homes
Working in someone's home is still work
Nannies, babysitters, house cleaners and home care workers often work long days with no pay stub and no written agreement. New York and New Jersey both have Domestic Workers' Bills of Rights that close gaps federal law leaves open. These protections apply regardless of immigration status.
New York Domestic Workers' Bill of Rights
In effect since November 29, 2010, New York's law gives domestic workers:
- Overtime after 40 hours a week, or after 44 hours for workers who live in the employer's home
- A 24-hour day of rest every seven days, or overtime pay for working that day
- Three paid days of rest each year after one year of work
- Protection from harassment under the New York State Human Rights Law
- In New York City, paid safe and sick time under the Earned Safe and Sick Time Act
- A written pay notice and pay statements, like other New York workers
Why the state law matters
The federal Fair Labor Standards Act exempts casual babysitters and companionship workers employed by a household from minimum wage and overtime, and exempts live-in domestic workers from overtime. New York's law closes those gaps for workers covered by it.
New Jersey Domestic Workers' Bill of Rights
Since July 1, 2024, New Jersey requires:
- A written contract in English and in the worker's preferred language for workers who work five or more hours a month
- A paid 10-minute break for every four hours worked
- A 30-minute meal break after more than five hours in a row
- Two weeks' notice of termination, or four weeks for live-in workers
- Protection for workers of every immigration status
What a case can recover
Unpaid minimum wage and overtime, pay for days of rest that were worked, liquidated damages, damages for missing pay notices and pay statements in New York, and attorney's fees. See also New York Labor Law claims and New Jersey wage and hour claims.
Frequently asked questions
I am a live-in nanny in New York. When does overtime start?
For live-in domestic workers covered by New York law, overtime starts after 44 hours in a week. For other domestic workers it starts after 40 hours.
Do I need papers to bring a claim?
No. Wage rights for work already performed apply regardless of immigration status, and New Jersey's Domestic Workers' Bill of Rights expressly covers workers of every status.
My employer never gave me anything in writing. Is that allowed?
In New York, employers must give a written pay notice and pay statements. In New Jersey, employers of domestic workers who work five or more hours a month must provide a written contract in English and the worker's preferred language.