New York has some of the clearest rules in the country for families who employ a nanny. You need to pay weekly, give a written pay statement with every payment, and track overtime the way the state's Domestic Workers' Bill of Rights requires.
Do New York families have to give a nanny a pay stub?
Yes. New York Labor Law Section 195(3) says every employer must give each employee a statement with every payment of wages. The New York State Department of Labor's fact sheet for employers of domestic workers says the same: each week, your employee must get a written statement of hours and pay.
How often you must pay
The Department of Labor's fact sheet for employers of domestic workers says employers must pay domestic workers each week, in cash or by check. That means a weekly stub, too. (If you have been paying every two weeks, check with the Department of Labor before you keep doing it.)
What the New York pay statement must show
Under Labor Law Section 195(3), the statement must list:
- The dates of work covered by that payment
- Your nanny's name
- Your name, address, and phone number as the employer
- The rate or rates of pay and the basis (hourly, daily, weekly, salary)
- Gross wages
- Deductions
- Allowances claimed as part of the minimum wage, if any
- Net wages
For employees who are not exempt from overtime, which includes most nannies, the statement must also show the regular hourly rate, the overtime rate, the number of regular hours worked, and the number of overtime hours worked. If your nanny asks, you must explain in writing how the wages were calculated.
Overtime and days of rest
New York's Domestic Workers' Bill of Rights gives nannies:
- Overtime at 1.5 times the regular rate after 40 hours in a week, or after 44 hours for a nanny who lives in your home.
- A 24-hour day of rest every seven days, or overtime pay if they agree to work that day.
- Three paid days of rest each year after one year with the same employer.
Because overtime is weekly and pay is weekly, the simplest approach is one stub per week with regular and overtime hours on separate lines.
2026 minimum wage
According to the Department of Labor's minimum wage poster, the basic minimum wage for 2026 is:
- $17.00 per hour in New York City, Long Island, and Westchester County
- $16.00 per hour in the rest of New York State
Domestic workers are covered by the minimum wage and overtime rules.
Written notice at hiring
New York also expects you to give your nanny a written notice at hiring that lists the regular and overtime pay rates and the regular payday. The Department of Labor has sample forms on its website. Keep a signed copy with your payroll records, along with daily and weekly hours.
Taxes on the stub
The federal rules in IRS Publication 926 apply: once you pay one household employee $3,000 or more in cash wages in 2026, Social Security and Medicare taxes apply (7.65% employee share, which you can withhold or pay yourself). New York has its own state withholding and employer tax rules, so check the New York State Department of Taxation and Finance and the Department of Labor for your registration steps.
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FAQ
- Can I pay my New York nanny every two weeks?
- The Department of Labor's guidance for employers of domestic workers says domestic workers must be paid each week. Ask the Department of Labor before using a different schedule.
- Does my live-in nanny get overtime?
- Yes, after 44 hours in a week. Live-out nannies get overtime after 40 hours.
- What if my nanny works on their day of rest?
- They can agree to work it, but you must pay overtime for those hours.
- Do I have to include my phone number on the stub?
- Yes. Section 195(3) requires the employer's name, address, and phone number.
For real wages only. Use StubzPro to document pay you actually paid. Never create a stub to show income that was not earned. Doing so can be illegal.
This guide is general information, not legal or tax advice. Figures are for 2026 and can change. For your situation, talk to a tax professional or the New York State Department of Labor.
Sources
- New York State Department of Labor, Guidelines for Wage Statement Provisions (LS45), quoting Labor Law 195(3): https://dol.ny.gov/system/files/documents/2023/11/ls45.pdf
- New York State Department of Labor, Facts for Employers of Domestic Workers: https://dol.ny.gov/system/files/documents/2021/12/facts-for-employers-of-domestic-workers_1.pdf
- New York State Department of Labor, Domestic Workers' Bill of Rights: https://dol.ny.gov/domestic-workers-bill-rights
- New York State Department of Labor, Minimum Wage poster (P700): https://dol.ny.gov/system/files/documents/2025/12/p700_12-25.pdf
- IRS Publication 926 (2026), Household Employer's Tax Guide: https://www.irs.gov/publications/p926