What are my rights as a nanny in New York City?

Did you know that New York has some of the strongest protections for domestic workers in the country?

(And yes, if you work as a nanny or babysitter in someone's home, that’s you – child caregivers count as domestic workers.)

New York State's Domestic Workers' Bill of Rights, along with additional NYC laws, protects your pay, time off, safety, and treatment at work. These are your rights and what they mean for you.

Your right to fair pay and overtime

In New York City, your employer must pay you at least the minimum wage. In 2026, that’s $17 per hour in 2026. (However, nanny and babysitting rates in the city are in general higher than this.) 

  • If you're a live-out nanny, you're entitled to overtime pay after 40 hours of work in a week. 

  • For live-in nannies, overtime generally begins after 44 hours.

  • Overtime is 1.5 times your regular hourly rate. 

For example: If you earn $40/hour and work 45 hours in a week, those five overtime hours should be paid at $60/hour.

You're also entitled to at least 24 consecutive hours off every seven days. If you agree to work on your designated day of rest, you're entitled to overtime pay for the full shift.

Your right to paid time off

Yes, nannies are entitled to paid time off!

Under New York State law, domestic workers are entitled to three paid days of rest each year after working for the same employer for one year.

NYC also has its own Protected Time Off Law, which gives covered domestic workers paid time off for illness and other qualifying needs. The law was expanded in 2026 to provide additional protections, including 32 hours of immediately available unpaid protected time off.

You can read about this expanded law and accrued sick leave for nannies here. 

Your right to clear information about your pay

Your employer must give you written information about your pay, including your hourly rate, overtime rate, and regular payday. You should also receive information about your employer's policies on vacation, sick leave, holidays, and work hours.

And while a full written work agreement isn't always legally required, we strongly recommend having one. It helps everyone understand the schedule, responsibilities, benefits, and expectations from the beginning. 

Read our guide to nanny job contracts for more information. 

Your right to a safe, respectful workplace

Just because you work in someone's home doesn't mean they can treat you however they want. NYC's Human Rights Law protects covered domestic workers from discrimination, harassment, and retaliation.

That includes discrimination based on:

  • Race

  • Religion

  • Gender

  • national origin

  • immigration status

You may also have the right to reasonable accommodations for pregnancy, disability, or religious needs.

For example: If a parent repeatedly makes inappropriate sexual comments toward you, you don't have to accept it as part of the job. Sexual harassment is against the law.

Your right to protection if you're injured at work

If you work at least 40 hours a week for one household, or live in your employer's home, your employer generally must carry workers' compensation insurance. That means you may be eligible for medical care and wage benefits if you're injured while working.

Depending on your employment arrangement, you may also qualify for disability benefits, Paid Family Leave, or unemployment insurance.

 
 

Your rights apply even if you're undocumented 

You have workplace rights in New York City regardless of your immigration status.
Your employer cannot legally retaliate against you for exercising those rights.

 
 

What if your employer doesn't respect your rights?

Alongside strong worker protections, New York City has somewhere you can turn if your rights as a worker aren’t respected. In a job that often feels solitary, you don't have to figure everything out alone.

The city has a dedicated Paid Care Division within its Department of Consumer and Worker Protection that helps nannies, babysitters, and other domestic workers understand their rights.

Build a career that respects your rights

At Smart Sitting, we believe professional caregivers deserve fair pay, clear expectations, and respectful working relationships.

We’ve seen firsthand how a professionally aligned job lets caregivers offer the best of themselves to families and creates long-lasting, positive relationships. The rights are here for you, but they benefit everyone in the long run. 

Knowing your rights is an important part of building a sustainable career in childcare. And working with families who value your experience and professionalism makes all the difference.

Do you want to join a network that values professional caregivers? Come on over to Smart Sitting. We’re selective about who we take on board, but that’s because it enables us to make thoughtful matches between families and nannies. 

Apply via the button below, and if we think we have a position that may suit you, we’ll be in touch!

Apply Now!
Cajsa Landin