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From Unpaid to Empowered: One Nanny’s Stand for Fair Wages
Imagine working long, demanding hours caring for multiple children—juggling feeding schedules, school pickups, and nap routines for two different families—only to find out your paycheck doesn’t reflect the time and effort you’ve put in. That’s what happened to our client, a dedicated New York City nanny who became the full-time caregiver for two families in a nanny share arrangement.
Despite consistently working more than 50 hours per week, she wasn’t paid overtime. And when she tried to advocate for herself by seeking legal support, her employment was terminated almost immediately.
It’s an all-too-common story for domestic workers: long hours, underpayment, and fear of retaliation if they speak up. But this time, things ended differently.
The Situation: Two Families, One Overworked and Underpaid Nanny
Our client was hired under a nanny share agreement—where two families agree to split the cost of one caregiver. It’s a popular option in New York City, and it can work well when managed fairly.
Unfortunately, this arrangement didn’t honor the legal rights of the person doing the work.
Here’s what was happening:
- Hours Worked: Our client was regularly working 50 hours per week, often with no breaks, while managing the needs of multiple children from both families.
- Compensation Issues: She was paid a flat weekly rate that failed to reflect overtime pay, despite consistently exceeding 40 hours per week.
- Lack of Clarity: There was no written employment agreement, and each family pointed to the other when wage issues were raised.
When the nanny consulted an attorney who sent a formal letter demanding the overtime she was legally owed, the response was swift and unfair. Within days, both families terminated her employment.
Legal Strategy: Swift Action in the Face of Retaliation
When the nanny came to us, she had already taken the first step: asserting her right to be paid fairly. But that assertiveness had cost her her job.
We immediately recognized two major legal issues at play:
- Unpaid Wages: Under New York State and federal labor laws, domestic workers are entitled to overtime pay after 40 hours of work per week—even in a nanny share arrangement.
- Retaliation: Terminating an employee shortly after they demand rightful wages may violate both state and federal anti-retaliation laws.
Here’s what we did:
- Filed a Lawsuit Promptly: We brought legal action against both families on claims of unpaid wages and unlawful retaliation.
- Built a Clear Case: We gathered documentation, schedules, and communications to establish the number of hours worked and the sequence of events.
- Focused on Resolution: While we were prepared to litigate aggressively, we also used early leverage to encourage settlement discussions.
The Outcome: Full Recovery and a Powerful Message
Thanks to a strong legal strategy and our client’s determination, the case was resolved within just five months.
What We Secured:
- Full payment of unpaid overtime wages for five months of work
- Additional compensation equivalent to 5–6 months’ pay to resolve the retaliation claim
- No admission of wrongdoing, allowing all parties to move forward privately
For our client, this meant more than financial compensation. It meant justice—and the validation that standing up for her rights was worth it.
A Roadmap for Domestic Workers Seeking Fair Treatment
Many nannies, housekeepers, and domestic workers don’t realize they’re entitled to protections under the law. Others fear that speaking up could cost them their job or immigration status.
At Katz Melinger PLLC, we understand those fears—and we know how to help.
How We Help:
- We explain your rights clearly, so you can make informed decisions
- We act quickly, so employers know you’re not alone
- We handle retaliation claims, holding employers accountable when they cross the line
You don’t need to choose between your dignity and your livelihood. You can have both—with the right legal support. Katz Melinger PLLC has helped domestic workers recover unpaid wages, fight back against retaliation, and move forward with strength and dignity.
You can schedule your initial free consultation by calling 212-460-0047 or by filling out our consultation form.
Frequently Asked Questions About Severance in New York
Q: Am I entitled to overtime if I work as a nanny for two families?
A: Under New York and federal labor laws, domestic workers—including nannies—are entitled to overtime pay after 40 hours per week, even if you’re employed by multiple families.
Q: What counts as retaliation under employment law?
A: If your employer takes negative action, such as firing you, reducing your hours, or creating a hostile work environment after you assert your legal rights, it may qualify as retaliation. Retaliation for asserting wage rights is prohibited by law.
Q: Will I need to go to court?
A: Not necessarily. Many wage and retaliation cases are resolved through settlement, often within a few months. However, we always prepare each case thoroughly, so we’re ready to litigate if needed to protect your rights and secure a fair outcome.
Additional Resources
For more on wage and overtime issues, you may also find these helpful:
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