Do nannies get overtime in New York?
Reviewed September 2026 against the same data that powers Kindred's free calculators.
Yes. In New York, a live-out nanny earns time and a half after 40 hours in a week. Live-in nannies earn overtime after 44 hours in a week.
The rule in detail
New York's Domestic Workers' Bill of Rights requires 1.5x after 40 hours for live-out workers and 1.5x after 44 hours for live-ins.
Overtime applies to hourly household employees regardless of how you found each other or whether anything is in writing. A salary does not make a nanny exempt; the law treats nannies as non-exempt hourly workers.
- Live-out nannies: time and a half after 40 hours in a week
- Live-in nannies: overtime after 44 hours in a week
What a typical overtime week costs
Say your nanny earns $32/hour (a common New York rate) and works 45 hours one week. You would owe $1,280 for the first 40 hours plus $240 for the 5 overtime hours at time and a half, $1,520 total. Budgeting guaranteed hours plus a small overtime buffer avoids surprises on both sides.
Related
- How much does a nanny cost in New York?
- What nanny taxes do I pay in New York?
- Full New York household employment guide
This page is a plain-English summary for planning, not tax or legal advice. Rates and thresholds change; confirm current figures with the IRS, your state agency, or a payroll professional before filing.