A nanny is owed overtime pay if she works more than 40/hrs per week. More than half a million nannies do not get paid for overtime. If you’re a nanny and you haven’t received your overtime pay, your employer is breaking federal law: He or she is committing wage theft.
Nanny Overtime. Here is how federal law works if you’re a nanny and live away from your workplace:
1. Your regular work week is 40 hours.
2. Your employer must pay you minimum wage for those 40 hours (Federal minimum wage is $7.25, but some states and localities require employers to pay more).
3. Your employer must pay you 1 ½ times your regular hourly pay for each hour you work over 40 per week.
4. Your employer must keep accurate records of your hours and the amounts you are paid and provide them to you.
5. For example, if your wage is $10/hour your employer will pay you $400 for working 40 hours in a week.
6. If you work 10 hours overtime in a given week, your employer should pay you $15/hour for an additional $150 bringing your weekly earnings to $550.
7. If you don’t get paid for these 10 overtime hours, you have worked 50 hours for $400. This means you were paid $8/hour. If you work an extra 20 hours in a week, you gave up $300 in overtime pay and were paid $6.67/hour. That is less than minimum wage.
Think how much an extra $150 per week, or more, would benefit you and your family. Think how much overtime money you have not been paid in the past. The federal Fair Labor Standards Act (FLSA), and similar state laws, allow you to sue your employer for unpaid overtime pay. The rules for calculating overtime for nannies are contained in the Department of Labor’s Wage and Hour Division Fact Sheet 79D. Calculations differ between live-in and live-out nannies. Consult an experienced nanny overtime attorney to discuss your case.
A List of Successful and Pending Lawsuits for Nannies’ Unpaid Overtime Claims
This list includes all available lawsuits in selected states at the time of writing.
ARKANSAS
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
ALABAMA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
ARIZONA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
CALIFORNIA
Nanny-reported lawsuits for unpaid overtime wages:
Recently settled lawsuits:
In 2009, nanny/housekeeper Vilna Serralta settled for an undisclosed amount her lawsuit against Silicon Valley entrepreneurs Sakhawat Khan and wife Roomy based on unpaid overtime. She worked 80 hours weekly but was paid for only 40 hours
In 2013, nanny Erlinda Eleman settled her claim against actress Sharon Stone for failing to pay overtime between 2007 and 2011 for an undisclosed amount
In 2017, nanny Davy Salley-Rumpf dismissed her claim against actress Rachael Harris for overtime pay violations. No settlement terms were revealed
Recent pending lawsuits:
In 2016, nanny Alba E. Hernandez sued rapper/actor Omar Epps and his wife Keisha for not paying overtime and providing inaccurate pay slips between 2007 and 2015
In 2013, nanny Bianca Cambiero sued Uber executive Cameron Poetzscher and his wife, Airbnb executive Varsha Rao, for not paying overtime and other FLSA violations between 2008 and 2015
In 2012, nanny Cecelia Duncan sued singer Usher for not paying overtime
In 2018, nanny Erika Wong sued former Uber engineer Anthony Levandowski for failing to pay overtime and violating other FLSA and California labor laws
In 2008, nanny Jessica Gibson sued actor Rob Lowe and his wife Sheryl for not paying overtime wages and other claims
In 2013, nanny Tessa Wetherbee sued Anton Lesin and his wife Carole for unpaid overtime while they lived in California. Lesin is the son of Mikhail Lesin, former press minister of Russian President Vladimir Putin.
In 2013, nanny Dawn Drago sued Kim Porter for unpaid overtime and other labor violations. Porter is the mother of twin daughters with rapper Sean “Diddy” Combs
COLORADO
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
CONNECTICUT
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
Recent pending lawsuit
In 2014, nanny Rosemary Muthala sued Sitto Mfarinya and his wife Susan Kajumah for not paying overtime between 2001 and 2012. She alleged working as many as 100 hours per week
FLORIDA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
GEORGIA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
ILLINOIS
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
INDIANA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
MARYLAND
Nanny-reported lawsuits for unpaid overtime wages:
Recent settlements
In 2007, a jury awarded nanny Juliette Mendonca $44,880 in her lawsuit against Washington Redskins owner Daniel M. Snyder and his wife Tanya for unpaid overtime
In 2014, nanny Beatrice Oluoch sued Kenyan diplomat Stella Kerubo Orina for unpaid overtime and violations of other labor and human trafficking laws.
No recent pending lawsuits
MASSACHUSETTS
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
MICHIGAN
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
MISSOURI
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
MISSISSIPPI
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
NEBRASKA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
NEW JERSEY
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
NEW YORK
Nanny-reported lawsuits for unpaid overtime wages:
Recently settled lawsuits:
In 2011, nanny Alexis Barry settled her unpaid overtime lawsuit against actor Robert Di Niro and his wife Grace Hightower for $30,000
In 2003, nanny Estella Ngambi settled her unpaid overtime lawsuit against Teza Simunyola for $45,000
Recent pending lawsuits:
In 2015, nanny Simonette DaCosta settled her lawsuit for unpaid overtime against singer/song writer Mariah Carey and her husband Nick Cannon for an undisclosed amount
In 2013, nanny Pema Sherpa sued Keith Mann and his wife Keely for unpaid overtime and other labor law violations
NORTH CAROLINA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
NORTH DAKOTA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
OHIO
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
OKLAHOMA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
PENNSYLVANIA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
SOUTH CAROLINA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
TEXAS
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
UTAH
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
WASHINGTON DC
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
WEST VIRGINIA
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
WISCONSIN
Nanny-reported lawsuits for unpaid overtime wages:
No recent settled lawsuits
No recent pending lawsuits
Contact an Experienced FLSA Labor Law Attorney if You Are A Nanny and Have Unpaid Overtime Claims
To get the money you deserve, call Lemberg Law on 475-277-2200. Our experienced employment lawyers will review your case and give you no-nonsense answers to your questions.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
