New York Nanny Claims: Representing Nannies As Well As Their Employers

At The Law Offices of Jeffrey E. Goldman, our attorneys have represented clients on both sides of employment lawsuits pertaining to nannies and their employers. Whether you work as a live-in nanny and have been denied overtime by your employer, or you hired a nanny and are now facing a lawsuit for allegedly failing to compensate for overtime or pay minimum wage, we can provide you with the information and representation to protect your interests.

One resource both employers and domestic workers might find helpful is the New York State Department of Labor's website outlining the Domestic Workers' Bill of Rights. For more in-depth information, review the page or contact attorney Goldman for additional insight and information specifically tailored to your issue.

Federal And State Employment Laws Cover Nannies And Other Domestic Workers

When it comes to lawsuits involving nannies and their employers, a significant challenge for both parties is the often informal nature of the business relationship. Many domestic workers — including nannies — are not U.S. citizens who may or may not have work permits, or are young people who may not have a firm grasp of wage laws or their rights as an employee.

Some may verbally agree to a flat-rate payment without realizing the implications of failing to pay overtime or meet minimum wage standards. Or perhaps both sides agree to a lower wage as compensation for room and board in the family's home without fully understanding state and federal wage laws.

Some other issues we commonly address in New York nanny claims include:

  • Understanding FLSA laws and hourly payments
  • State and federal minimum wage laws as they pertain to domestic workers
  • Overtime pay (New York law permits domestic workers who reside with their employers to receive overtime for hours worked in excess of 40 hours/week)
  • Understanding wage and tax statements
  • Unemployment insurance coverage for employees
  • Tax deduction breakdowns
  • Making regular and timely payroll payments
  • The illegal retention of a passport, work documents, identification or other documents
  • Nonretaliation (an employer cannot threaten an employee for bringing a claim for failure to pay or other complaints)
  • Instances of physical or sexual abuse at the workplace

If you are a nanny and believe that your employer is treating you unfairly, or conversely, if you employ a nanny, home health aide or domestic worker, and are facing a lawsuit, our team of lawyers can put more than 24 years of legal experience to work for you. We understand the delicate nature of these claims for both sides as nannies, home health aides and domestic workers often rely on word-of-mouth referrals from their employers.

When you reach out to us and schedule a free, confidential consultation, we will listen as you outline the circumstances of your situation, will offer advice and will outline a plan moving forward.

Contact Our Law Office For A Free, Confidential Consultation

Call 646-835-2063, or complete our online contact form to schedule an appointment at our office in Midtown Manhattan. We represent clients in employment law claims throughout the five boroughs and surrounding areas.