Do I have to pay my nanny overtime?
Short answer
Yes, if your nanny doesn't live with you. Federal law requires one and a half times their regular rate for every hour over 40 in a workweek. A nanny who lives in your home is exempt from federal overtime, but some states, New York among them, still require it.
Answered by the NannyKeeper team
The numbers
“The Act takes a single workweek as its standard and does not permit averaging of hours over 2 or more weeks.”
- Overtime starts after
- 40 hours in a workweek
- Overtime rate
- 1.5 times the regular rate
- Live-in nanny
- Exempt from federal overtime
- Live-in nanny in New York, not a relative
- Overtime after 44 hours
Sources
- Fair Labor Standards Act, 29 U.S.C. § 207 · Read October 25, 2026
- Fair Labor Standards Act, 29 U.S.C. § 213 · Read October 25, 2026
- U.S. Department of Labor, 29 C.F.R. § 778.104 · Read October 25, 2026
- New York Labor Law § 170 · Read October 25, 2026
- New York Labor Law § 2(16) · Read October 25, 2026
What this means for you
- Each workweek stands alone. A 30-hour week doesn't offset a 50-hour week; the 10 extra hours are owed at the overtime rate.
- State law can go further than federal law, as New York's does for live-in nannies, so check your state's rule before you set a schedule.
- Write how you'll handle overtime into your nanny contract, so you both know what a long week costs.
Read the full guide: Nanny overtime rules explained