Worried the family I nanny for may sue me

I (21F) started working for a family as a live-in nanny about 2-2.5 months ago. They offered me 25 hours of childcare per week for a weekly stipend, plus a separate stipend for cleaning their Airbnb. I was also expected to clean the house, do laundry, and shop for groceries once a week—these tasks were supposed to be paid hourly, in addition to the childcare and Airbnb work.

After I started, they told me they had sold the Airbnb. Three weeks into the job, they asked me to start cooking meals for the family instead to get the extra stipend. By my second week, I worked 37 hours, not including cooking, but only got paid for the 25 childcare hours. When I asked about it, they said I wouldn’t get paid extra unless I worked more than 40 hours.

On top of that, they often come home 30-50 minutes late without notice or extra pay. Last week, I worked over 45 hours (not including cooking) and was shorted $100 on my pay. I recently found out that paying a nanny a weekly stipend is illegal in the U.S.

I’m leaving this weekend, but I’m worried they might sue me for leaving without giving two weeks’ notice. I didn’t give more notice because I’m alone with the dad this week and don’t feel comfortable letting them know I’m leaving. Could they sue me?

It sounds like they’re taking advantage of you. If paying a weekly stipend is illegal where you live, they don’t have a legal work contract. You’re within your rights to leave, especially since you’re being underpaid and feel unsafe. I doubt any court would hear their case.

@Jamie
I agree, but I’m scared because they have wealthy friends and family. I just found out paying a weekly stipend for a nanny is illegal across the U.S. Thanks for the help!

Rex said:
@Jamie
I agree, but I’m scared because they have wealthy friends and family. I just found out paying a weekly stipend for a nanny is illegal across the U.S. Thanks for the help!

Yes, it’s illegal to pay nannies a stipend instead of hourly wages, and you should be paid for all hours worked, including overtime if you go over 40 hours. They might seem powerful, but they’re violating labor laws, and that puts you in a stronger position.

Rex said:
@Jamie
I agree, but I’m scared because they have wealthy friends and family. I just found out paying a weekly stipend for a nanny is illegal across the U.S. Thanks for the help!

You should consider reporting them to the Department of Labor. If they aren’t paying you correctly, they could owe you back wages.

They can’t sue you for leaving. If anything, you could sue them for unpaid wages. You should contact the Department of Labor about this. It sounds like wage theft.

If they’ve breached the contract by not paying you for the extra hours, you’re not obligated to give them two weeks’ notice. Make sure to document everything, including hours worked and payments received.

What state are you in, and did you sign a contract? If so, what does it say about the terms of pay and notice for leaving?

AVERY said:
What state are you in, and did you sign a contract? If so, what does it say about the terms of pay and notice for leaving?

I’m in New York, and yes, I signed a contract. It says to give two weeks’ notice, but they’ve been underpaying me, and I’ve worked extra hours without pay.

If their payment practices are illegal, the contract might be void. I’d recommend you leave, as it sounds like they’re violating labor laws.

They owe you money. You’re in the clear.

Nobody sues a 21-year-old nanny over this. Just be careful not to leave anything behind or take anything that isn’t yours. Document everything.