Legal Liabilities and Requirements of Hiring Domestic Help

Legal Liabilities and Requirements of Hiring Domestic Help by Alan Krystal

{1:42 minutes to read} People who hire domestic help, whether a housekeeper, a caregiver or a nanny, are often unaware of the legal liabilities and requirements that they face. For example, in New York State, anyone who employs domestic help must:

  • Pay at least minimum wage and, where applicable, pay overtime*;
  • Provide at least one day of rest per week;
  • Pay on a weekly basis;
  • Provide at least 3 days off after 1 year of work;
  • Pay unemployment;
  • Pay worker’s compensation; and
  • Provide the worker written documentation with notification of hourly wage and all deductions.

* 1½ times the basic rate of pay after 40 hours of work or, if a live-in, after 44 hours of work per week

Anyone who has not been properly paid, or has been victimized as a result of non-compliance with these regulations, has the right to file a complaint with the appropriate regulatory agency regardless of their residency status. Therefore, an undocumented worker will have the right to file a complaint, although they will need work authorization before receiving unemployment benefits.

Anyone who hires a domestic worker must realize they are assuming the same rights, responsibilities, and obligations as any other employer, and that non-compliance can create significant, and potentially expensive, legal and financial liabilities.

Question about hiring domestic help? Please feel free to leave a reply in the box below.

Alan Krystal


Alan Krystal

Alan H. Krystal, P.C.
631 780 6555