Is being a 24hr Nanny Legal?

[Anonymous]

Hello,

I am considering becoming a 24hr nanny for one of New York City's prominent families. I would be saying in from 7am Monday to 7pm Friday night. Weekends I have off, and I stay at my apartment. I have been a regular live-in, where I only work 50hrs a week- I get to go out and do my own thing at nights, and stay rent free on weekends.

I will be working aprox. 110 hrs a week. Because I'm technically not a "live-in" would I qualify for overtime pay? Or do I take this as a salaried position? I think they are offering $70-85 thousand per year. But that works out to around $13.50 an hour not including over time. That seems low based on my experience. I just left a job making $20 an hr.

Is it legal to work that many hours and get paid a salary in New York? Or should I ask for an hourly salary, plus 60 hrs overtime pay a week?

Thanks!

[Anonymous]

Under federal law, it's legal. You would need OT pay, as your residence is not where you are working. (Since you have to maintain a separate one) However, they can also not pay at all for 8 hours in each full 24 hour period if there is a reasonable expectation of sleep. If you do have to wake up and work, you would get paid. All the paid hours, with OT, have to give you a base rate at or above minimum wage. With that many hours, I don't think you can expect the same base rate as a 50 hour per week job.

That's the legal answer (at least the federal part!) NY may have stricter laws. Whether you want this or not is another question!