Generally, yes. New York domestic workers are generally entitled to 1.5 times their regular rate after 40 hours in a workweek, or after 44 hours when they live in the employer’s home.
Overtime is calculated by the workweek
Hours should not be averaged across two weeks. A live-out nanny who works 45 hours in week one and 35 in week two generally has five overtime hours in week one.
Time-and-a-half uses the regular rate
At a $32 regular rate, the overtime rate is generally $48. Forty regular hours equal $1,280; five overtime hours add $240, for $1,520 gross pay.
A salary does not automatically erase overtime
Domestic work is commonly nonexempt. A flat weekly payment should be translated into covered hours and checked against minimum wage and overtime requirements.
Guaranteed hours and overtime solve different problems
Guaranteed hours protect the reserved schedule when the family does not use it. Overtime applies to hours actually worked beyond the legal weekly threshold. A contract should address both.
- Record every start and end time
- Keep the agreed regular rate
- Save schedule-change messages
- Check each workweek separately
- Keep pay records and deposits
Cash-paid work still has hours
Being paid in cash does not make overtime hours disappear. Keep a private log of dates, hours, payments, and messages, and seek qualified advice for a specific wage problem.
Frequently asked questions
Is overtime based on eight hours per day?
New York’s domestic-worker overtime rule is generally based on weekly hours: over 40 for live-out workers or over 44 for live-in workers.
Can overtime be included in my salary?
A compensation agreement can account for expected overtime, but it should clearly identify regular and overtime calculations and still satisfy applicable law.
Can hours be averaged across two weeks?
Generally no. Overtime is calculated by each workweek.
What records should I keep?
Keep daily start/end times, breaks, weekly totals, the agreed rate, payments, and messages about schedule changes.
Official information
Laws and agency guidance can change. Review these primary sources: