Nanny Sues for Back Wages

Silvia Medina came to New York City in 2000, without papers, and two years later took a job working as a nanny for a NYC labor relations official, Michelle Jung, and her husband John McCullough. She cared for two children and performed a variety of general housekeeping tasks.

Medina became very ill in June 2006 and required hospitalization. Medina's employers paid her medical bill, and then immediately fired her without notice or severance, according to Medina.

Today, with legal assistance from MFY Legal Services, Medina is suing her former employers for unpaid wages and damages. Her claim is that she was not paid at the minimum wage for all the hours worked, and she was not paid for overtime even though she routinely worked a 60 hour week.

Claims such as Medina's are becoming increasingly common. Employers are at risk if they do not routinely maintain records of days/hours worked by their household worker, and maintain meticulous payroll records. Nannies and housekeepers must be paid for ever hour worked, and the employer's records should include the nanny's hourly pay rate. HomeWork Solutions has a free Hourly Pay Rate Calculator tool available to assist employers in translating their intended weekly salary into the appropriate hourly rate, taking into account such factors as state overtime regulations and the residential status (live in or live out) of the employee.