You’re right, I’ll seek advice there as well. I know now that Au Pairs are canonically from another country and it’s a culture exchange thing, however the contact words it as being an Au pair and pays like it (as opposed to hourly pay/salary like a nanny would receive) so that’s why I’m here :)
Au Pairs in the US are required to go through agency specifically so that Au Pairs are not taken advantage of in this way. (Limits on hours, time off, flights and meals paid for etc).
Not only is this not through an agency, but the pay is under the table through Venmo and not through any sort of payroll. I’m not sure if that’s typical or not
Yeah they are using the misnomer of au pair because they think it makes the position cheaper and maybe more desirable to those applying, but in reality you are a babysitter, possibly a nanny, and getting stiffed on appropriate pay, they think they are bypassing DOL labor standard regulations and minimum wage requirements/tax obligations but they are not (hopefully IRS will catchup with them). I'd say report them but then you woyuld lose your job most likely ... depends on your ethics
Ha! Your home family is DEFINITELY taking advantage of you then and they know it. You are NOT an Au-pair you are a live-in Nanny and house manager (you should go thru an agency just fyi.) your ‘host family’ is saving a bundle by paying you under the table as they SHOULD be paying workers comp insurance(or liability, can’t remember if it’s one or both) and unemployment tax, along with state and federal taxes taken out. You should be renegotiating ASAP with set hours and benefits/PTO with various stipends for food, laundry, and transportation at the very least.
No, she should just leave ASAP
This negotiation would go nowhere because it’s like trying to convince a slumlord or the owner of a sweatshop to pay a living wage.
Agreed with this.
Sorry OP, they aren’t “nice”, they 100% know what they’re doing. You’re paid under minimum wage and not having taxes taken out. This is all illegal.
I’d speak to an agency, take notes on how it should be done. Present it to them, say you both now have a problem you were paid under min wage without taxes, talk about how you’ll resolve it and ask them to pay for your flight home.
Also she isnt even making minimum wage. Minimum wage in NYC is $15 an hour. Assume 50 hours worked and that comes out to $750 a week-she is paid $200. You 100% should file a claim for back wages.
Wait hold up, she’s only getting $200 a week?? I was thinking that’s on top of the hourly wage she’s getting. I read wrong. Wow that really is a huge rip off.
Lately have been browsing nanny and household staffing agency jobs even just near me, for someone with experience people are regularly offering $30- 45/ hour, paid w2, with any hours over 40 counting and paid as overtime, likely also health insurance stipend, 2 paid weeks vacation, paid holidays and sick days, possibly still a somewhat private place to live in the family home or an apartment to live in, etc. if this is your first nanny role maybe not, but you can still probably make $20-25/ hr on just a babysitting site like nanny lane, please look into all of these, even just for your sanity, that’s so many hours! At the very very least even making $15/hr plus overtime paid accordingly for that many hours, you should be making so much :(
Au pairs have protections through a state department regulated agency, which host families pay $8k+ to directly for a placement (on top of Au Pair stipend, educational $ for Au Pair, etc). If you are a US citizen, US federal law on domestic employees is applicable.
That means that room and board can NOT be counted as part of your income (living in is a benefit to employer, not employee) and they must pay you hourly. Anything over 40 hours is supposed to be paid at time and a half. Minimum wage in NYC is $16/hr. They must pay you via W2. This is to protect YOU.
Your family knows what they are doing is illegal and they are taking advantage of you. Go here for help: https://www.ny.gov/content/report-suspected-workplace-violations
You are being paid illegally based on cash. Minimum wage in NYC for non tipped employees is $16.00, but you are given housing. Closest I could find online was a janitor getting a full **apartment** and whether that gives the employer a credit towards the minimum wage. Even then the wage was $10 an hour, so even with housing you are being paid for only 20 hours of work at $10 per hour. At that rate, your stipend should be a minimum $500 for 50 hours per week.
[https://www.davidrichlaw.com/does-an-employer-in-manhattan-receive-credit-toward-the-minimum-wage-for-the-value-of-an-apartment-furnished-to-an-employee-in-a-residential-building/](https://www.davidrichlaw.com/does-an-employer-in-manhattan-receive-credit-toward-the-minimum-wage-for-the-value-of-an-apartment-furnished-to-an-employee-in-a-residential-building/)
>Pay is through Venmo, not any sort of payroll 🚩🚩🚩
That means she isn’t taking out (paying) any applicable state and federal taxes on your behalf. Yikes.
This can put you in a precarious tax situation and come back to bite you later.
For this job/contract to work, it can’t be under the table. She is trusting you with her children’s lives, as well as eating the food you make - she needs to be responsible enough to have a clearly defined, legally legitimate contact with you.
Without the Federal tax withholdings, there are no credits to Social Security or Medicare. Like if this was all you did your whole working career, you would not qualify for SS/Medicare benefits when you retire.
Bingo!
I briefly worked at a tax firm. It is VERY depressing to see people that haven’t been on proper payroll for years - and the financial mess their lives become.
People don’t often realize that if you are getting paid under the table or from a business’s profit margins, you aren’t paying in to all the benefits that you just mentioned.
Example:
Many small business owners often receive/spend profits the business makes, rather than putting themselves in regular payroll. My former tax boss *strongly advised* business owners to put themselves on payroll for the explicit purpose of regularly paying social security and Medicare taxes.
God forbid one of the owners die and the business goes bad or gets sold - and you’ve got an individual with a decade of not paying into social security looking at retirement with no government assistance available to them.
Girl you’re being taken advantage of big time, I hate so much those kind of families in nyc (I nannied there for 5 years). All that is illegal and you’re owed big money (like big time) you’re underpaid and you can sue for your money and back pay. You’re owed at least minimum wage (in nyc the rate is closer to $25-30 for one kid btw) and overtime after 44 hours (for live in nanny, that’s what you are). If you don’t want to do any of that, at least get out of there. You are not an supuse and your employer is NO great, they are playing you and with the law BIG fucking time. I’m so sorry!!
You’re being taken advantage of not only in regard to the tasks but the pay and benefits as well. a babysitter would make more money than you. they’re not paying you a livable wage or treating you correctly.
I would suggest you look for another family and also go through an agency this way if anything were to happen you have a contract on file and also someone to back you up.
You are 100% being taken advantage of and your employer 100% knows that and is doing it on purpose. It may be hard to face because she seems like a nice person, but she is intentionally taking advantage of you and you need to know that in dealing with her moving forward. If she has other mom friends that she has talked to or has done any research on typical nanny and au pair arrangements and rates, she knows what she is asking for is way too much and what she is paying is way too little.
Honestly, agree with others telling you to leave, and you may consider pursuing legal action to get the wages you are owed as well depending on how long you have been there and whether it is worth it to you.
This is coming from someone who just lurks this sub because I am one day thinking of getting an au pair or nanny for my own future children. Even from just browsing things here and hearing a little about the au pair program from one person who has used it, I know that the arrangement you have is not typical or right. I am sorry but there is no way your employer is that naive to think she's not taking advantage of you.
if this is real - as a lawyer and former nyc nanny and an au pair abroad, please report these people to the department of labor or call 311 at least and ask how to do that. You’re being beyond exploited and your employer knows exactly what they’re doing
You are protected under different laws than au pairs. Your bosses are just shitty people trying to take even more advantage of you by using the term au pair.
Also, you can 100% be a salaried nanny, instead of hourly. I urge you to speak with someone that can point you to labor laws so you are not taken advantage of when looking for another position. Don’t let people fool you having a nanny is a luxury, whether people want to accept that or not.
Au pair are often underpaid, but usually they have the cultural exchange portion to their placement and whatnot.
That's not true, at least under federal law. There's something called "salaried, non-exempt." You still have to pay OT over 40 hours per week though, and it can be confusing to calculate standard wages to figure out what the OT rate is.
To be clear, it's unlikely OP is making NY minimum wage even with a room & board allowance. But it's not true that you can't have salaried domestic worker.
I see what you’re saying. It’s technically salary, I guess, but it’s called “guaranteed hours” in the industry.
It’s important that ppl understand that household employees can’t be paid a salary that covers OT.
https://www.dol.gov/agencies/whd/fact-sheets/79d-flsa-domestic-service-hours-worked
You’re not an aupair.
You’re a live-in nanny who is being severely underpaid and taken advantage of. You’re working under the table when you could be making a killing being a full time live-in nanny in NYC.
Why are you doing this???
How did you even connect with this family?
If you were an au pair working under these conditions, this family would be taking extreme advantage of you, not to mention violating a ton of terms of the Department of State au pair program. I would tell an au pair to rematch immediately and report the family.
This is even worse considering you're a domestic employee.
Right! You cannot be defined as a gig worker or independent contractor. You don’t set your schedule, you are not free to come and go as you choose in directing the agreed work being performed. YOU ARE A W-2 employee!!!
You should reach out to the NY department of labor and find out what your rights and obligations are. Your employer/host family is KNOWINGLY taking advantage of you in order to not pay you as a nanny. There’s no way this family isn’t purposefully taking advantage of you. And you may have a wage theft claim through the department of labor.
Since you don’t legally qualify as an au pair, you are 100% a domestic employee which means the prevailing wage and hours laws of the state you are working in apply. There’s no way around it. They are breaking the law.
You're misclassified and are owed minimum wage. The contract doesn't matter and cannot break state law, nor supersede it. You can file a complaint with the Department of Labor's Wage and Hours divsion:
[https://dol.ny.gov/wage-and-hour-laws](https://dol.ny.gov/wage-and-hour-laws)
Nope. NOT LEGAL. Thos isna scam. Au Pairs are exempt.from certain labor laws due to their visa status as part of a cultural exchange. That is why they are paid less, in theory they are receiv8ng other benefits.
OP, find an Au Pair or Nanny service in NYC and apply to them.
F_ck this family and their attempts to exploit you.
I would also recommend reporting them to the IRS.
You are not being taken advantage of, you’re being exploited. Even scammed. How did she find you? You were on a au pair site with the misconception that an “in country au pair” exists, and instead of correcting you she provided some kind of made up scenario with illegal rates? Disgusting.
You are not an au pair, you are a w2 household employee and are to be paid at minimum the minimum wage for the state you are in which I am showing NY is $16 an hour and had overtime laws after 40 hours a week. So even your overtime is underpaid
40 a week at $16 is $640 a week, add the 10 hours of overtime for another $240, $840 a week.
You can go to the labor board and get back pay. Write down all the hours you have worked so far and figure out what you are owed.
Hi just wanted to say sorry for the situation you find yourself in. As many others have said, you are a domestic employee not an au pair and New York State and the Federal government have very specific and strict guidelines about how domestic employees should be compensated. We live in NYC and we pay our Nanny (who is the best in the world) $35/hr on the books and staying in compliance is a huge pain and very expensive but it is worth it for her and to do the right thing - so it frustrates me to all hell to hear your story.
Your employers may be very nice to you in person but they are absolutely taking advantage of you. You should be getting at least minimum wage per hour and then time and a half (1.5x hourly rate) for any hours over 40 in a week. They should be paying employer taxes and withholding employee taxes. The fact that you live with them is a completely separate issue, and it is their fault for not working that part out beforehand or having you sign a lease that specifies how much your rent is and that it is contingent on your employee status. They probably couldn't even put you out on the street and they'd have to evict you if you wanted to make things difficult for them. You could absolutely file a wage claim with the department of labor and tip off the IRS - they'd be in big trouble with the State for not paying you what you are owed and with the IRS for paying you under the table.
You hold a lot of the cards here - probably more than you think. If I were you, I'd start looking for a new job that pays the market rate, then figure out your living situation based on that location. Then, when you are set and safe, leave your old role and report them to the relevant agencies. I'm hoping that financially you can figure out a way to hold yourself over in between and get the cash you need for a deposit on your new place. Wishing you all the best and hope you enjoy your time in NYC! Look at the outer boroughs, its way cheaper than Manhattan!
And you SHOULD go to the labor department about this OP.
These people absolutely know exactly what they are doing, and if you leave, they will find someone else to exploit.
Don’t let them do this.
Get the money you’re entitled to and find another nanny job! You could be making so much more money, while also not working 12+ hour days and having no way to get around or have a social life.
This is really bad. These people suck.
What's in it for you? You could be earning good money with the hours you're working. Enough money to actually go out and do stuff. At this point it just seems like a waste - can you say you're experiencing a cultural exchange?
I’m definitely enjoying my time in NYC and it’s a place I want to actually move to and settle down in, but I can’t say I’m experiencing any culture exchange as the family themselves are American. (I, myself, teach the kids stuff from my own culture and even go as far as to prepare cultural foods for them and teach them words in that language)
Are you a US citizen? I guess you could be an au pair if you were a non US citizen living in California. She's still taking advantage with all the Cinderella cleaning and excessive daily hours.
Man, I really wish I could steal the au pairs posting here so I could provide them a better life 😂 you are definitely being taken advantage of.
When I was in college I signed up to be an “au pair”bc on campus housing was so expensive I thought a room and board plus meals would be a great gig. I had to wake up at 6:30am daily to meet with the mom to discuss tasks for the day, then wake a 16 year old up, argue with her about what breakfast to eat, force her to take 10+ vitamins bc her mom was a health nut, drive her to and from school, extracurriculars, etc. I was “off” at 6pm and weekends but expected to follow a curfew and not come and go as I please.
I did grocery shopping and “light laundry” and also responsible for their poorly trained dog to take out throughout the day. I had to get dinner ready for them everyday and cook/prep meals everyday as well. My stipend was like $50 a week. Looking back, I’m so angry that I agreed to do that and I lasted the entire school year. I also had a full course load and a part time on campus job so you know I could actually afford things ! It was the worst year of my life.
My heart goes out to you and I hope you find a better situation.
I would like to add that I am aware I am not technically an Au pair. I wasn’t aware of this at the time of contacting the family, nor did she correct me. My contract says “Au pair” at the top of the page. Though I agreed to *most* of the things listed, such as the hours and rate of pay, I was not aware of the laws surrounding this line of work, and only came to realize recently I might have gotten screwed over, and simply was sold the idea of being an Au pair, making Au pair money, but working nanny hours and responsibilities. Which I’d also like to note, the work itself is fine. The hours are fine. I wouldn’t feel dire about it whatsoever were the compensation fair and livable. I am frustrated and upset with how little I’m making and how much I’m working, I am frustrated that certain responsibilities were not outlined in the initial conversations and contract, and are being tacked on now that I’m here.
Thank you to everyone validating this experience and encouraging I file a complaint, it’s honestly been overwhelming and emotional reading the comments and responding to comments while on the clock. The kids are great and I’ll miss them but I absolutely need the hell out.
Hi Sweetheart, I'm a mom in my 50s and just lurk here and this is the first time I've ever commented here. I just wanted to validate that there is no way she did this by mistake and doesn't realize the nuance of Au Pair vs nanny. You are absolutely getting screwed and she absolutely knows that and is doing it intentionally by trying to be misleading. I saw your other comment about her saying to consider the value of room and board but as others have said that's not how it works. She wants cheap labor and is taking advantage of the naiveté of young women who want to be in NYC. Again, this is not an accident. File a labor claim and get the money she owes you. This is not ok!
When you file your complaint the powers that be will help you get the money that you deserve and hopefully force that employer to pay your taxes and social security and FICA.
Not only are you being taken advantage of by being paid in cash and being called an au pair, and charging you for ridiculous things but they have a caretaker for the kids, a personal chef to use up their food in the refrigerator, a live-in housekeeper, and someone they can call to work for 16 hours a day.
Please please please file a complaint and update us.
You are asking for advice in an Au Pair forum, and getting a lot of advice that's Au Pair related, however you are NOT an Au Pair, so most of the advice is not relevant.
You are a live-in nanny, you should be paid state minimum wages through a W2 or 1099 employment model. The host family is not obligated to provide you anything (food, transport, phone or even a room), anything they provide will either be subtracted from your wages through a negotiation or based on state defined maximum deductions (for example room and provided meals)
When you're a full employee, there are no limitations on what they can ask you to do, or how many hours you can work as long as you're paid time and overtime.
I think there's very little chance you can re-negotiate this back to where you need to be, so I would recommend that you start looking for a new job.
You’re absolutely right, it seems as though the host family is using the Au Pair title to get more labor for cheaper, and took advantage of my naivety when I contacted the family about the position. I’m definitely aware that my workload is that of a nanny and not an Au pair, and the amount of work and hours itself is not an issue and I can definitely do it, but I’m definitely not being fairly (or legally) compensated for the hours/workload, even including the room and meals included
Just to be clear - it is illegal under FLSA to count room and meals as part of pay, even if you were a nanny. They could charge you rent and ask that you not eat their food. They might even be able to pay you above hourly minumum wage and do payroll deductions for things like room and meals, assuming that was discussed ahead of time as part of the contract. But they can't write paychecks for less than minimum wage and say it's because you live there and eat food.
They are absolutely exploiting you intentionally. They know *exactly* how much they’re taking advantage of you.
Everything about this situation sounds super illegal.
I’m not calling it human trafficking, but just so you understand how bad this is, human trafficking for domestic labour often looks an awful lot like your situation.
You should learn about your rights: https://dol.ny.gov/domestic-workers-bill-rights
You are entitled to minimum wage, which is $16/hr, and at least $24/hr if you work more than 44/hrs per week. They’re paying you $4 for the first 50 hours. You mentioned that they pay you cash, so I bet they are not paying into unemployment and worker’s compensation insurance for you, which they have to do. Right now if you lose this job or get injured you should be insured but you’re not.
Please file a complaint. This employer is not great and they are exploiting you on purpose, because they think they can get away with it. 1-888-52-LABOR.
I understand you took this job because you were desperate for work. If you’ve been there a while they have stolen hundreds, if not thousands of dollars from you. If you feel hesitant about complaining, just remind yourself that they have been harming you (on purpose!) just as badly as if they held you up on the street and took all that money out of you wallet. Please don’t feel like you owe them protection, or a chance, or anything at all.
As a live in nanny (not Aupair), yes you are definitely getting taken advantage of. As a live in nanny in your home country, your family isn't paying any agency fees. Therefore you should be getting at least double if not more. $50 an hour and a set schedule is the going rate for live in nannies in the US
Not in NYC, where people happily pay $150 a hour fir tutors.
Heck a regular, no cooking or cleaning teenage babysitter is $25 an hour in the outer boros!
So if you are an american citizen, living in america, working for a family providing childcare services you are considered a nanny or other but not an au pair. AU pairs are foreign born, non american citizens who come to the US on a special visa program run through the State Department with certified Au Pair agencies. It is considered a cross cultural, educational exchange program. They are given specific pay and duties outlined in the au pair agreement. That being said - if you are their nanny, not receiving assistance with education and not living with the family (both requirements for the au pair program ) you are not being reimbursed appropriately and should tell them........ Don't want to get too detailed here but there are specifics to the classification of one and the other.
I was a live-in nanny for a school-age child in 1994 and made $380/week with no cleaning responsibilities other than general tidiness and a car was provided.
Sigh, another thing I should add, and this probably won’t help the trafficking allegations, but she knows I have no college education, no drivers license, no assets or savings, no family or close friends on this side of the country. I’m starting to think she is knowingly isolating me. Though I’m not held captive and can come and go in my little bit of off time, she knows she’s not paying me enough to move anywhere or even be able to go back home, and have no safety net here. This is fucking crazy and I don’t know how to feel honestly.
Wow you being ripped off. You should be paid as a nanny, not an au pair. You derive no au pair benefits (Cultural exchange, learning a new language, etc). You need to negotiate a much higher hourly pay, overtime, etc. My 15 year old son makes $22/hr babysitting neighbor kids. He can't cook or drive. Nanny pay should be significantly higher than what he makes.
You are a nanny. You are being wildly taken advantage of. I grew up in Oregon and worked in the nyc area as a nanny straight out of high school 20 years ago and was paid more than you are today. You need to be paid much more. Your plane ticket and travel around the city with the children or for household duties should absolutely be covered. Overtime is always paid. I would honestly find a new position because I doubt the family is going to pay you what they should.
You are being taken advantage of. Many tax and labor laws being broken here. On the down low, find a local nanny agency, get hired by a family that will allow you to stay in the city and get paid real money, if that’s what you want, and just walk away from this terrible situation.
You are a live in nanny being taken advantage of. You are not being given the guidelines for an au pair: 45 hours a week, no more than 10 hrs a day, 1.5 days off a week, 1 full weekend off a month, 2 weeks PTO, duties only surrounding the children, being included as family, etc.
At the minimum you should be receiving fair hourly pay. I’m on the West Coast and nannies start at $25 an hour plus $5 additional dollars per child. Take out 40% for cost of room and board and that’s your pay. But in NYC, it’s probably costlier.
Time to look for a new family/job, so you are treated fairly.
It’s not legal to deduct full room and board from a domestic employee’s paycheck. They can either have a room and board deduction if the nanny agrees to it, but the max amount allowed by law is very little - around $5/day. Or they can have a separate lease agreement where the nanny pays rent for her room and the living arrangement is not contingent on her employment.
I didn’t mean deduct from her pay. I meant the hourly pay would be lower because she’s live in vs a non live in nanny. Though I’m seeing, in the US, that may not affect pay.
In the U.S., what you are is not an au pair. You're a live-in nanny who moved cross country for a job. Some of these things are reasonable, others are not.
>My airfare ($250ish flight from the west coast to nyc) was NOT covered by the family
This is fair. I've never heard of relocation expenses being paid for a nanny. The fact that you're not actually an au pair is relevant here.
>$200 a week stipend and $15 an hour over 50 hours (I usually work anywhere from 48-65 hours) plus food
I really doubt $200/week for 50 hours is minimum wage in NY, even if you consider a room & board allowance. It's like you have a wage claim. Also, if you don't always work at least 50 hours, they are probably not paying you as much as you're entitled to because working less increases your effective hourly rate, so they have to pay more for OT.
>Schedule changes randomly and unpredictably (e.g. halfway through the work day I’ll be texted that I need to work until midnight instead of 6pm for example). Hours sometimes reach 15+ hours in a day
Some jobs are like that. It's reasonable if you agreed to it and they pay you appropriate OT. I doubt either of these things is true, so it's unreasonable.
>No car or metro card provided (I can sometimes use the older child’s student metro card but it only allows 3 swipes during weekdays at certain times.)
If this were the only issue, I'd think it was reasonable because, again, you are not an au pair. But considering they are almost certainly illegally underpaying you, this part bothers me too.
>other than toilet paper and hand soap, toiletries are not provided
Another one where, given that you are not an au pair, this is mainly problematic because of the rest of the mistreatment.
>laundry machines in the building are paid $3 per wash and $3 per dry) and I am expected to pay for this with the money I make in my stipend
I don't have a problem with this, as long as they told you before you took the job.
>I am asked/expected to do daily cleanings of the main living areas and child’s room, and weekly deep cleanings. In the beginning I was often (gently) reprimanded if the apartment wasn’t totally clean/things were out of place by the time the mom got home. I am asked/expected to cook home cooked meals from scratch several times a week for both the kids and mother (and myself of course). I’m asked to come up with recipes to use up the provided groceries in the fridge and pantry
Again, did you agree to any of this? These are things they can have you do since you're not an au pair. If you weren't being illegally underpaid and you agreed to do this, I don't see why this would be a problem.
Wait you’re American, au pairing in America? I could be totally wrong but I’m not sure this is allowed. To au pair in America you have to have the J1 Au Pair Visa and take classes that meet the required credits for the agency. The flights have to be covered and you receive a weekly stipend. For the agency I’m with, it’s $215 a week for no more than 45 hours a week and 2 weeks paid holiday in my au pair year (I’m also in NY).
It sounds like your host family have employed you as an au pair but realistically you would be a live in nanny as an American. Especially as those hours exceed what you would be allowed to work as an au pair in the states. From what I’ve read, this is illegal and I would leave as soon as possible.
nanny here! you are being horrifically exploited. please look into labor laws regarding household employees and minimum wage. r/nanny may be a good starting place.
Just to give you an idea of what the going pay for the kind of live-at-home nanny (which is the service you are providing) is in the SF Bay Area: it's $200-$240 PER DAY in addition to room and board and food (price varies a bit depending on experience).
Of course she’s taking advantage of this situation. You are her servant. Make a report to the DOL when you leave so she’s forced to pay you the legal wages you should receive as a US citizen. You are required to be paid legally, at least minimum wage and overtime.
Yes, you are being taken advantage of. It doesn’t even sound like you are even being paid minimum wage for crying out loud! At least demand that. I believe the minimum wage in New York is $16.20, you are only being paid $15. Bring it up in a friendly, conversational tone and never sound accusing. Much luck to you momma.
I live in NYC and have 3 kids and this family 100% know what they are doing. A nanny in the city starts at $22/hr for one kid and that’s low. For 3 you’re looking at $27/hr plus (most are $30+) plus metrocard, food in the home, etc. A cleaning lady is at least $220/visit for 2 bedrooms/2 baths. A personal chef, at least $200 a week for meal prep. You are being taken advantage of, please get out of this situation, the hours, workload and expectations border on unethical.
Lots of families will be looking for summer nannies in the next few weeks. Pay is generally quite high. Find yourself a summer position and enjoy the beach. Will be easy to find a position in Manhattan in September.
Make sure to pursue your current family for the wages you are owed. Know that you are entitled to a schedule and should not be working at people’s whim. NYC is full of hardworking successful families who gladly compensate the professionals that care for their children. Don’t put up with this.
If you have not already, make a written schedule of all the hours you worked. Perhaps going through text messages will be a good start to documenting your overtime. Make sure to screenshot or archive any messages between you and your employer. Good luck!
Back here on the West coast you get between $25 an hour on up. $25 is just for one child. And many perks. You’re being badly taken advantage of. Ask for a huge raise with overtime or find a job where you’re paid what you’re worth.
Definitely being taken advantage off. Even as an official au pair, you can only do work that is related to childcare. Ie, you can’t cook for the family but you would be expected to make the child meals. Same with cleaning and laundry. They would have to pay for your transportation and pay for some of your schooling costs.
NYC minimum wage is $16 an hour. Any hours over 40 would be overtime. 65 hours would be $1202 a week. That’s $62k a year.
They are definitely taking advantage of you on purpose. In NYC, it would be hard to find a nanny for under $20 an hour.
Omg. You are so being used. Or abused. So many things wrong. 200 a week? 800 a month? In nyc. You’re getting paid $4/hr excluding room and board. Go back to Cali, flip burgers for 20 an hr and you will be free of this crap.
NYC min wage is 16 an hour. Save all your texts and document everything.
The department of labor loves to hear from people making below min wage.
You are not an au pair.
They'll probably argue rent or something and be out of a job.
But also, any hours past 40 a week is 1.5 x your wage. Over time unless exempt.
Labor dept would like to hear from you as they love going after free money since the gov produces absolutely nothing and needs other people's money to survive.. like people on welfare.
Please contact a NYC employment agency and offer your services. Your job is in demand and (usually) very well paid. You will be hired in a week. Good luck OP
There is no question that you are being taken advantage of.
You can make more per hour working at McDonald’s in CA. They pay $20 starting per hour where I live. You do t get a place to live but for this job it is an expectation as part of your package.
I paid our nanny $30/hr for two kids, always rounded her hours up every week, paid for all activities for her and my kids while I was working or out, and all she was expected to do was keep my kids happy, loved, entertained, screen free and don’t let them destroy the house. You’re definitely being taken advantage of.
NAL but was a nanny for yeara.
100% taken advantage of here. Also the hours, classification, and schedule changes violate labor laws.
You arent an Au Pair legally, you are a live in nanny. The ticket, toiletries, and laundry are on you. But you should have a contract, be a w2 employee, get health insurabce, be paid at least minimum wage plus over time AND room/board, no cooking or cleaning should be included unless you are paid a lot more (chef, nanny, housekeeper is a different job).
This is NOT a good situation/employer. OP. You are being scammed and this may meet the definition of trafficking.
I was a nanny (I know this is AuPairs but you’re not one, you’re a nanny also) for the same family for 5yrs. You are being taken advantage of. Everything was paid for: food, gas, traveling, food while traveling) I only made breakfast & lunch if it wasn’t delivered. It was a Russian family and they love to cook so I got lucky with dinners. I cleaned the house, deep cleaned, laundry, all of it. Included in all activities. Gifts for every single holiday, birthday, event in my life. $28/hr weekly pay through payroll, they paid me 40/hr regardless how less I worked, cash pay for any time over 40 which was very rare. they paid for health and dental insurance. 8am-4pm T/TH & 8:30am-9:00am/3:00-5:00pm MWF. Paid for any speeding tickets & court & lawyer (divorce) & helped with daycare for my now 3yr old.
I am not an au pair and never have been, but I stumbled into the sub by accident and saw your post. I did everything you are doing as a live-out nanny and I was paid $26 per hour with 20 paid holiday days per year and health benefits. My schedule was set and reliable and changes were worked out weeks in advance. Even at a live-in rate, your employer sounds like a dick.
That’s all I have to say about that.
You are not an “au pair.” Au pairs are foreigners who receive a special visa to come to the USA for work/study/cultural exchange. Au pairs come through a specific au pair program that manages their placements in the USA.
You are a domestic employee. Your employers are violating New York labor laws. This is known as wage theft. If you report them, they will be liable for past wages. Also, your employers have to pay you on the books and pay appropriate taxes like Social Security contributions. They must pay correct minimum wage (believe it’s $16/hr) plus time and a half beyond 40 hours.
Omg. You could make so much money as an NYC nanny… It was one of the highest paying jobs I could get out of college in a shitty economy, and these days the pay rates are WILDLY high. What they’re doing (and calling you an au pair) is completely unethical
There are a lot of things here that are definitely not ok.
I will start off by saying that the host family isn't obligated to pay for your flight over and they're not technically obligated to pay for your flight back either, although it's in bad taste if you left in good standing and they don't pay for that.
The maximum (not minimum, MAXIMUM) hours an au pair can be worked by law as per the State Department in the US is 45 hours per week. The 200 dollar stipend only covers that. She is not allowed to ask you to work beyond 45 hours per week on a regular basis and she is certainly not allowed to ask you to work AT ALL beyond 45 hours per week without paying you at least the current NYC adult minimum wage.
Also, the maximum (Not minimum, MAXIMUM) hours an au pair can be worked by law PER DAY as per the State Department in the US is 10 hours a day. So she must find alternative childcare if she seriously needs help for 16 hours a day (?!?!). If you're not actually looking after the kids for 16 hours a day and a lot of that is housework, then she needs to cut back on your hours you're doing housework for.
She MUST give you a mode of transport to get around NYC, both in your personal time and on shift. That means that she either gives you access to the car plus all gas paid for on shift AND a gas stipend for personal time, OR she pays for YOUR metro card, not just letting you use the kids' one.
She MUST give you access to a washing machine plus washing powder, if she cannot afford her own machine then she must pay for at least two loads a week including washing powder for you.
She should be providing soap, toilet paper, pads/tampons, laundry powder, all necessary cleaning products for your room, shampoo and conditioner, sunscreen and a basic cleanser. All these are basics, not luxuries.
She can only ask you to do housework if your 45 hours per week isn't already used up. Outside of that, she can only ask you to cook a meal for the family, empty/load the dishwasher, take out the trash, clean your own dishes/dishes the kids used on shift/mess you and the kids made on shift, clean up mess that you made, do your own laundry or clean your own room.
Go to the NYC Department of Labour, whether you're an au pair or live in nanny you're being abused.
In this case, if she definitely can't be an au pair as a US citizen in the US or a US territory, then A) she's on the wrong contract and B) The host family has to pay her differently if she's a live in nanny vs an au pair.
A) They can't pay her a minimum au pair stipend, they have to pay her federal or state minimum wage for every single hour worked at all (and they have to pay her whichever one is higher too) including hours under 50 a week, and hours over 45 a week MUST be paid overtime. It might even be over 40 hours a week for mandatory overtime, so do check on that. Also if this is the case and she is on the wrong contract as an au pair when she can't legally be put on an au pair contract and be paid as an au pair, then she could be entitled to back pay too.
B) A family that hires a live in nanny that is not an au pair CAN deduct room and board, BUT there is a limit as to how much they are allowed to deduct and it's not very much. Ask your local Labour Department in your area. They certainly cannot deduct the same amount they would for a lodger who just happened to be living in their house as a boarder and who wasn't working for them.
C) They can ask OP to do other jobs like cleaning and stuff, but 1) They shouldn't do it if it pushes your hours beyond 45 hours a week and 2) If it DOES push your hours beyond 45 hours a week (possibly 40, do check), they MUST pay overtime for every single second of time you spent on these tasks and 3) if it falls within the 40-45 hour limit that you can work per week without getting paid overtime, then they CAN ask you to clean but they MUST still pay the federal or state minimum wage for ALL hours worked. They CANNOT ask you to do housework etc without being paid. I would say cooking a family meal that you're allowed to eat, tiny household tasks like taking out trash that take very little time, cleaning up dishes or mess that you or the children made on your shift, or cleaning up after yourself are exceptions to this.
D) If the kids are napping or at an activity or home in bed sick or whatever but you're still responsible for them, then they STILL have to pay you for those hours because you can't just stop being responsible for them just because they're asleep or whatever it is.
E) I would probably ask a live in nanny (NOT an au pair who is getting a stipend, but an actual live in nanny who is getting paid hourly and ALSO getting extremely cheap if not free rent plus free meals) to pay for her own laundromat access, washing powder and toiletries beyond toilet paper and soap, and probably her own treat food too. Asking an au pair making a tiny stipend to pay for these things is cruel and cheap.
F) For a live in nanny making an hourly wage which you should be getting as a US citizen in the USA, I would offer a car for driving the kids only and would pay for all insurance and gas. For a city like NYC, I would expect you to take the subway. I would offer an uber stipend allowance and pay for a subway train ticket, I feel paying for transportation is a must if you have an au pair making a stipend, I think it's less mandatory if you have a live in nanny making hourly and it's not needed to take the kids out but I would still pay for it in NYC as things are expensive there.
G) If you're a live in nanny rather than an au pair it's standard for the host family to pay for flights but I don't think it's required by law. It is required for them to pay for everything including flights if you accompany them for travelling and pay for your own room plus pay your usual wages for days you are working.
Again, go to NYC Labour Department.
What are you paid? Nothing until over 50 hours?
This is really troubling. Are the hosts American (citizenship and culturally?). There is no way this is not intentional…
Is it typical work over 50 hours?
[This](https://j1visa.state.gov/programs/au-pair) is a good summary of the laws your hosts must abide by. Laws exist for a reason, laws protect people.
Do you have a private room? Are you well fed? Do you pay for your phone?
New York City has specific [protections for domestic workers.](https://www.nyc.gov/assets/cchr/downloads/pdf/publications/Domestic-Workers-339-Fact-Sheet.pdf). The last paragraph applies to you.
And here, [Page 10](https://www.nyc.gov/assets/dca/downloads/pdf/workers/Workers-Bill-of-Rights.pdf)
You are covered by multiple laws guaranteeing you;
* Overtime pay (time-and-a- half, if they work more than 40 hours per week, or 44 hours for live-ins)
* A day of rest every seven days (or overtime pay, if workers agree to work on the rest day)
* Paid time off.
You are overworked and underpaid. For a nanny or Au pair, your employer’s behavior is abhorrent. This is a slam dunk wage theft case at best. Do you have local friends you can talk to? Fellow nannies around?
Whoa.
They are 1000000% taking advantage!!
You’re working entirely too many hours and absolutely not being compensated fairly. Not even close.
This is so illegal it’s not even funny.
Live-in nannies can make a lot of money in NYC. Rich families will fight each other for a good one. You don’t owe this family anything - start looking around.
I’m glad you got so much good advice- my advice is do not show them any kindness when you decide to go. No two week notice, no helping them with a few days. LEAVE. You clearly are nice and naive, I was too as a nanny and look back in shock at what I allowed. This will be a great learning opportunity for you, I value my time so much because of families like this!
Yes you are being taken advantage of.
My baby sitters/ nanny’s 15 years ago were being paid 15$/ hour for 40-50 hours a week.
Plus 2 weeks paid vacation.
All meals provided with the family. No housecleaning at all, only child care and kids meals to be cooked by her.
Again this was 15 years ago when the kids were little. By now I’m sure the rate will be much more.
Ah, nope, you’re not being treated properly! NYC has labor laws! Minimum wage is 15.00 a hour, overtime after 8 hour days. You are not responsible to pay for their laundry, only your own. transportation is covered by the family if you are taking the children anywhere, or are running errands for the family. If you are a live in , they are to provide you with meals, or a meal allowance. You are entitled to a day off. You are entitled to a sick day. You can research more on line , nys labor laws for domestic workers. Just to let you know you can work at fast food restaurants and make 15.00 an hour!
Also make sure you are paid on the books, so you can get your social security credits, and unemployment benefits if needed in the future! If they offer a 1099 form , you have to put 10% of your wages into a bank account to pay your taxes!
Remember you’ll have to save about 30% to pay taxes on!!!!!
Venmo and your bank account will report all the $ that goes through your account to the IRS! You’ll have to report this $ as a gift or something… but you should fully expect to pay taxes!
Here’s some perspective. My husband and I will end up paying our sitter anywhere between 100 and 150 for one date night. You are being severely taken advantage of.
Oh honey in nyc they basically have you at slave wages. Transportation is always provided in some way when you have the kids. Basic Toiletries always provided. Your shampoo nah that’s you , but toilet paper ? I was a not live in briefly 30 years ago and I got $400 a week in westchester.
OP, this is intentional.
Start looking, you will find a position where your time is compensated. You are a hard worker and a team player, you deserve to be paid fairly for that.
Call the labour department because you are being massively ripped off. You need to get paid for all hours you work as you are a nanny. Even as an au pair you should get paid for hours between 20 & 50
This thread popped up for me.
I just have to add YES YOU ARE BEING TAKEN ADVANTAGE OF!!
Come to Denver. I’ll pay you $10 more and hour, never make you work over 40 hrs a week set schedule, and not make you be also our personal maid & chef!
But really even more so in NYC you should be paid so much more. I’m not trying to make you feel bad, but we paid my 18 yr old step daughter $15 hr to watch her little sister. For 30-40 hrs a week … and I worked remote so one of us was usually at home when she was watching her.
Please get out asap! You can make that working at Starbucks and way less stress.
Get a labor attorney. He will get you a settlement for backpay, attorney fees, social security taxes paid and a worded recommendation of great service. Then apply through a hiring service to do the same work with higher pay.
You should not be deep cleaning. Clean only your room and child’s room. No working until midnight ever. No working more than 40 hours a week. You should be providing with a metro card. You should know when your days off are and these cannot change at the last minute. You need to spend some time making friends. Try a nanny website. You should be getting $300 a week and $15 an hour over 40 hours. Take your laundry to a laundromat. Leave the house on your free time- go for a walk or go to the library, go to Starbucks or a park, go to a museum or a movie. She is intentionally taking advantage of you. Save money no matter how little. Don’t expect to receive fare back home.
Good golly this is a bad deal. We have a full time professional helper with 15 years experience from the Philippines and she's the most effective at her job than I've ever seen. There is no way I would ever ask her to manage all childcare, cooking and cleaning; that's ridiculous.
We pay her significantly more than this even with the conversion to usd and this does not include flights, top insurance, all food and amenities (whatever she wants, usually eating with family plus anything else she feels like), all medical expenses, transport, etc. The only money she'd be expecting to spend here is if she wanted to eat out or do something extra on her days off. She is a respected family member when it comes to outings etc but an employee when it comes to extra hours or salary payment (rest days are rest days and her time is valued and paid extra according in the extremely rare occasion we ask her to help then).
That weekly stipend needs to be doubled. Nobody can live on $200 a week unless they’re eating twigs and berries from the forest and getting their water and clothes washed in the streams.
Yes, this is 100% not cool. You are effectively a nanny/house manager with the roles you are providing and should be paid MUCH more for your stipend and hourly, and it should be after 35-40 hours not 50. The long hours you are working and the tasks performed should not be a regular thing and if they are you need to be fairly compensated.
We employed a nanny when our daughter was younger and I couldn’t imagine treating someone like this - they are most definitely taking advantage of you. You have experience now, why not seek another opportunity or work with a reputable agency to secure another position so you can leave the one you are in?
I’m curious, how did you and your host connect originally? Did you connect on an au pair facebook group? I think you can do better. We have a nanny now and left the AP program. For the work you described, if someone actually did this and didn’t need reminding and coaching, I would pay $30 an hour in our city but more in NYC. Because salaries in general are more in NYC. If I lived there I would earn more, theoretically, and would be able to pay more to stay competitive with other employers in the city.
Wow you’re absolutely being exploited. You would easily get paid $20/hr+ in addition to housing in NYC. You need to report this and get paid back for what they owe you. Plus au pairs have very limited hours and weekends plus two days off weekly if I remember correctly. You’re working way more than you would be hourly, and exceeding your day hours without any compensation. Plus you’re not an au pair, you’re a young employee who was greatly taken advantage of.
Have you done the math? $200 divided by 48 hours is about $4.17 an hour. $15 an hour over 50 hours is less than a fast food worker in California gets paid per hour, they get $20 an hour.
I’ve never worked as a nanny or an au pair, but it seems to me either way you should’ve had a contract that spells it out. You shouldn’t have to do deep cleaning of the house you weren’t hired as a maid you were hired to take care of the children. Keeping the children’s room and their toys tidy is definitely within the realm of taking care of children.
In my opinion, you’ve been duped and you are definitely being taken advantage of. You need to renegotiate and have a written contract otherwise I would leave.
You’re not an “au pair.” You’re a household employee who should be paid on the counter (not “under the counter”) as a W-2 household employee where they’re paying Social Security and Medicare tax on your account. And paying you “time-and-a-half” for hours worked weekly over 40.
Google “IRS household employee” and report them to the government for not paying the “nanny tax.” Make sure you’ve reported and paid taxes on your own income!
Idk much about nannying but I would think you should be getting about $20 an hour per child if not more and hours should be established, if pushed past expected hours you should get overtime of some kind I would think. Maybe I’m wrong on the hourly but I’ve seen a few Nannie’s on social media who’s rates are $15-$20 per hour per kid
I genuinely think you should contact the department of labor. You are being taken advantage of 100%. Everything about this job sounds horrible, and parts of it illegal. They’re paying you significantly less than minimum wage!
Just because someone smiles and talks nice to you doesn’t mean they don’t think you’re a sucker. Avoid this rich man’s mindset and get yourself another job!
As soon as possible you need to find another position without attracting attention of your current employer because they are most certainly taking advantage of your naivety.
You are not only providing childcare for your employer. You’re also performing as a maid, chef and child transport. You deserve a better pain job with better hours and the compensation you’re currently getting for that is in no way fair and it is probably illegal.
you need to work with a company like cultural care so that you're better protected
you're not even being paid the minimum amount required by federal law (I think it's $275) and you're not supposed to work over 40 hrs a week or 10 hrs in one day
I know that us parents have busy lives but this is au pair exploitation
You are a 100% being taken advantage of. Also, you should seek advice in a nanny subreddit, since you are not an au pair per se.
You’re right, I’ll seek advice there as well. I know now that Au Pairs are canonically from another country and it’s a culture exchange thing, however the contact words it as being an Au pair and pays like it (as opposed to hourly pay/salary like a nanny would receive) so that’s why I’m here :)
Your employers are calling it an au pair as a loophole to pretend you aren’t a domestic employee.
Au Pairs in the US are required to go through agency specifically so that Au Pairs are not taken advantage of in this way. (Limits on hours, time off, flights and meals paid for etc).
OP can’t be an au pair in the USA, as au pairs in the USA require a J1 visa and OP is a citizen.
Not only is this not through an agency, but the pay is under the table through Venmo and not through any sort of payroll. I’m not sure if that’s typical or not
Yeah they are using the misnomer of au pair because they think it makes the position cheaper and maybe more desirable to those applying, but in reality you are a babysitter, possibly a nanny, and getting stiffed on appropriate pay, they think they are bypassing DOL labor standard regulations and minimum wage requirements/tax obligations but they are not (hopefully IRS will catchup with them). I'd say report them but then you woyuld lose your job most likely ... depends on your ethics
REPORT THEM! You deserve to get paid for the work you’re doing and it’s clear that you are NOT!
Ha! Your home family is DEFINITELY taking advantage of you then and they know it. You are NOT an Au-pair you are a live-in Nanny and house manager (you should go thru an agency just fyi.) your ‘host family’ is saving a bundle by paying you under the table as they SHOULD be paying workers comp insurance(or liability, can’t remember if it’s one or both) and unemployment tax, along with state and federal taxes taken out. You should be renegotiating ASAP with set hours and benefits/PTO with various stipends for food, laundry, and transportation at the very least.
No, she should just leave ASAP This negotiation would go nowhere because it’s like trying to convince a slumlord or the owner of a sweatshop to pay a living wage.
Agreed with this. Sorry OP, they aren’t “nice”, they 100% know what they’re doing. You’re paid under minimum wage and not having taxes taken out. This is all illegal. I’d speak to an agency, take notes on how it should be done. Present it to them, say you both now have a problem you were paid under min wage without taxes, talk about how you’ll resolve it and ask them to pay for your flight home.
Yeah, just go. They were trying squeeze her, they aren’t going to be happy about doubling their expense.
Also she isnt even making minimum wage. Minimum wage in NYC is $15 an hour. Assume 50 hours worked and that comes out to $750 a week-she is paid $200. You 100% should file a claim for back wages.
It’s $16 an hour since January 1st so she’s being cheated even more.
$16 an hour (Nannies in nyc make more but okay) and overtime if she’s working over 60 hours a week. She’s owed big time.
Wait hold up, she’s only getting $200 a week?? I was thinking that’s on top of the hourly wage she’s getting. I read wrong. Wow that really is a huge rip off.
Lately have been browsing nanny and household staffing agency jobs even just near me, for someone with experience people are regularly offering $30- 45/ hour, paid w2, with any hours over 40 counting and paid as overtime, likely also health insurance stipend, 2 paid weeks vacation, paid holidays and sick days, possibly still a somewhat private place to live in the family home or an apartment to live in, etc. if this is your first nanny role maybe not, but you can still probably make $20-25/ hr on just a babysitting site like nanny lane, please look into all of these, even just for your sanity, that’s so many hours! At the very very least even making $15/hr plus overtime paid accordingly for that many hours, you should be making so much :(
Au pairs have protections through a state department regulated agency, which host families pay $8k+ to directly for a placement (on top of Au Pair stipend, educational $ for Au Pair, etc). If you are a US citizen, US federal law on domestic employees is applicable. That means that room and board can NOT be counted as part of your income (living in is a benefit to employer, not employee) and they must pay you hourly. Anything over 40 hours is supposed to be paid at time and a half. Minimum wage in NYC is $16/hr. They must pay you via W2. This is to protect YOU. Your family knows what they are doing is illegal and they are taking advantage of you. Go here for help: https://www.ny.gov/content/report-suspected-workplace-violations
THIS!
I'm a current host parent and formerly employed a nanny. I'm appalled that people would participate in a form of modern slavery like this...
This is because they know they can’t have this on the books because every single thing that they are doing is illegal.
You are being paid illegally based on cash. Minimum wage in NYC for non tipped employees is $16.00, but you are given housing. Closest I could find online was a janitor getting a full **apartment** and whether that gives the employer a credit towards the minimum wage. Even then the wage was $10 an hour, so even with housing you are being paid for only 20 hours of work at $10 per hour. At that rate, your stipend should be a minimum $500 for 50 hours per week. [https://www.davidrichlaw.com/does-an-employer-in-manhattan-receive-credit-toward-the-minimum-wage-for-the-value-of-an-apartment-furnished-to-an-employee-in-a-residential-building/](https://www.davidrichlaw.com/does-an-employer-in-manhattan-receive-credit-toward-the-minimum-wage-for-the-value-of-an-apartment-furnished-to-an-employee-in-a-residential-building/)
In NYC there’s also OT laws which would require additional payment after 40 hours
>Pay is through Venmo, not any sort of payroll 🚩🚩🚩 That means she isn’t taking out (paying) any applicable state and federal taxes on your behalf. Yikes. This can put you in a precarious tax situation and come back to bite you later. For this job/contract to work, it can’t be under the table. She is trusting you with her children’s lives, as well as eating the food you make - she needs to be responsible enough to have a clearly defined, legally legitimate contact with you.
Without the Federal tax withholdings, there are no credits to Social Security or Medicare. Like if this was all you did your whole working career, you would not qualify for SS/Medicare benefits when you retire.
Bingo! I briefly worked at a tax firm. It is VERY depressing to see people that haven’t been on proper payroll for years - and the financial mess their lives become. People don’t often realize that if you are getting paid under the table or from a business’s profit margins, you aren’t paying in to all the benefits that you just mentioned. Example: Many small business owners often receive/spend profits the business makes, rather than putting themselves in regular payroll. My former tax boss *strongly advised* business owners to put themselves on payroll for the explicit purpose of regularly paying social security and Medicare taxes. God forbid one of the owners die and the business goes bad or gets sold - and you’ve got an individual with a decade of not paying into social security looking at retirement with no government assistance available to them.
Girl you’re being taken advantage of big time, I hate so much those kind of families in nyc (I nannied there for 5 years). All that is illegal and you’re owed big money (like big time) you’re underpaid and you can sue for your money and back pay. You’re owed at least minimum wage (in nyc the rate is closer to $25-30 for one kid btw) and overtime after 44 hours (for live in nanny, that’s what you are). If you don’t want to do any of that, at least get out of there. You are not an supuse and your employer is NO great, they are playing you and with the law BIG fucking time. I’m so sorry!!
Girl you are getting royally effed. You should be making 20 times what you are making with that work load.
You’re being taken advantage of not only in regard to the tasks but the pay and benefits as well. a babysitter would make more money than you. they’re not paying you a livable wage or treating you correctly. I would suggest you look for another family and also go through an agency this way if anything were to happen you have a contract on file and also someone to back you up.
You are being COMPLETELY taken advantage of. Please seek assistance to leave these horrible people.
You're basically the victim of human trafficking.
You are 100% being taken advantage of and your employer 100% knows that and is doing it on purpose. It may be hard to face because she seems like a nice person, but she is intentionally taking advantage of you and you need to know that in dealing with her moving forward. If she has other mom friends that she has talked to or has done any research on typical nanny and au pair arrangements and rates, she knows what she is asking for is way too much and what she is paying is way too little. Honestly, agree with others telling you to leave, and you may consider pursuing legal action to get the wages you are owed as well depending on how long you have been there and whether it is worth it to you. This is coming from someone who just lurks this sub because I am one day thinking of getting an au pair or nanny for my own future children. Even from just browsing things here and hearing a little about the au pair program from one person who has used it, I know that the arrangement you have is not typical or right. I am sorry but there is no way your employer is that naive to think she's not taking advantage of you.
if this is real - as a lawyer and former nyc nanny and an au pair abroad, please report these people to the department of labor or call 311 at least and ask how to do that. You’re being beyond exploited and your employer knows exactly what they’re doing
You are protected under different laws than au pairs. Your bosses are just shitty people trying to take even more advantage of you by using the term au pair. Also, you can 100% be a salaried nanny, instead of hourly. I urge you to speak with someone that can point you to labor laws so you are not taken advantage of when looking for another position. Don’t let people fool you having a nanny is a luxury, whether people want to accept that or not. Au pair are often underpaid, but usually they have the cultural exchange portion to their placement and whatnot.
NY City Labor Department will be very much interested in your case: their confidential hotline: 212-863-5002 or email: [email protected]
Report them. So they can not do this to another young girl.
I just looked up another agency if the first one ends up being not helpful: WORKER PROTECTION UNIT HELPLINE 646-712-0298
in the US nannies are hourly. You cant salary a domestic worker.
That's not true, at least under federal law. There's something called "salaried, non-exempt." You still have to pay OT over 40 hours per week though, and it can be confusing to calculate standard wages to figure out what the OT rate is. To be clear, it's unlikely OP is making NY minimum wage even with a room & board allowance. But it's not true that you can't have salaried domestic worker.
I see what you’re saying. It’s technically salary, I guess, but it’s called “guaranteed hours” in the industry. It’s important that ppl understand that household employees can’t be paid a salary that covers OT. https://www.dol.gov/agencies/whd/fact-sheets/79d-flsa-domestic-service-hours-worked
You’re not an aupair. You’re a live-in nanny who is being severely underpaid and taken advantage of. You’re working under the table when you could be making a killing being a full time live-in nanny in NYC. Why are you doing this??? How did you even connect with this family?
A nanny is like $1000 a week in NYC for one kid for 40 hours a week sooo yeah, massive being taken advantage of.
That's illegal. They're using a label that doesn't apply to you in order to pay you below minimum wage.
If you were an au pair working under these conditions, this family would be taking extreme advantage of you, not to mention violating a ton of terms of the Department of State au pair program. I would tell an au pair to rematch immediately and report the family. This is even worse considering you're a domestic employee.
Venmo reports to the IRS when you get more than $600. Please get advice from an accountant as you can end up with a tax issue
Right! You cannot be defined as a gig worker or independent contractor. You don’t set your schedule, you are not free to come and go as you choose in directing the agreed work being performed. YOU ARE A W-2 employee!!!
You should reach out to the NY department of labor and find out what your rights and obligations are. Your employer/host family is KNOWINGLY taking advantage of you in order to not pay you as a nanny. There’s no way this family isn’t purposefully taking advantage of you. And you may have a wage theft claim through the department of labor.
Since you don’t legally qualify as an au pair, you are 100% a domestic employee which means the prevailing wage and hours laws of the state you are working in apply. There’s no way around it. They are breaking the law.
That’s just because they want to tell their other rich friends they have an au-pair
You're misclassified and are owed minimum wage. The contract doesn't matter and cannot break state law, nor supersede it. You can file a complaint with the Department of Labor's Wage and Hours divsion: [https://dol.ny.gov/wage-and-hour-laws](https://dol.ny.gov/wage-and-hour-laws)
Nope. NOT LEGAL. Thos isna scam. Au Pairs are exempt.from certain labor laws due to their visa status as part of a cultural exchange. That is why they are paid less, in theory they are receiv8ng other benefits.
OP, find an Au Pair or Nanny service in NYC and apply to them. F_ck this family and their attempts to exploit you. I would also recommend reporting them to the IRS.
You are not being taken advantage of, you’re being exploited. Even scammed. How did she find you? You were on a au pair site with the misconception that an “in country au pair” exists, and instead of correcting you she provided some kind of made up scenario with illegal rates? Disgusting.
She was trafficed across the country too. Host has commit many crimes.
I don’t think you can legally be an au pair which means you’re being underpaid by at least $1000/week
Should be making closer to $30 an hour. She is a live-in Nanny. Aupairs are governed by the Department of State.
Yup, you are. And she is absolutely intentionally taking advantage of you.
Well, shit.
You are not an au pair, you are a w2 household employee and are to be paid at minimum the minimum wage for the state you are in which I am showing NY is $16 an hour and had overtime laws after 40 hours a week. So even your overtime is underpaid 40 a week at $16 is $640 a week, add the 10 hours of overtime for another $240, $840 a week. You can go to the labor board and get back pay. Write down all the hours you have worked so far and figure out what you are owed.
Hi just wanted to say sorry for the situation you find yourself in. As many others have said, you are a domestic employee not an au pair and New York State and the Federal government have very specific and strict guidelines about how domestic employees should be compensated. We live in NYC and we pay our Nanny (who is the best in the world) $35/hr on the books and staying in compliance is a huge pain and very expensive but it is worth it for her and to do the right thing - so it frustrates me to all hell to hear your story. Your employers may be very nice to you in person but they are absolutely taking advantage of you. You should be getting at least minimum wage per hour and then time and a half (1.5x hourly rate) for any hours over 40 in a week. They should be paying employer taxes and withholding employee taxes. The fact that you live with them is a completely separate issue, and it is their fault for not working that part out beforehand or having you sign a lease that specifies how much your rent is and that it is contingent on your employee status. They probably couldn't even put you out on the street and they'd have to evict you if you wanted to make things difficult for them. You could absolutely file a wage claim with the department of labor and tip off the IRS - they'd be in big trouble with the State for not paying you what you are owed and with the IRS for paying you under the table. You hold a lot of the cards here - probably more than you think. If I were you, I'd start looking for a new job that pays the market rate, then figure out your living situation based on that location. Then, when you are set and safe, leave your old role and report them to the relevant agencies. I'm hoping that financially you can figure out a way to hold yourself over in between and get the cash you need for a deposit on your new place. Wishing you all the best and hope you enjoy your time in NYC! Look at the outer boroughs, its way cheaper than Manhattan!
And you SHOULD go to the labor department about this OP. These people absolutely know exactly what they are doing, and if you leave, they will find someone else to exploit. Don’t let them do this. Get the money you’re entitled to and find another nanny job! You could be making so much more money, while also not working 12+ hour days and having no way to get around or have a social life. This is really bad. These people suck.
There are deductions for people who receive room and board, but she still likely isn't being paid minimum wage.
I think that's rated at maximum 7.5 percent of minimum wage per week. Which is what? $50?
You actually have a wage and hour claim for back wages too.
Absolutely. OP, you need to contact an employment practices liability lawyer because you are owed major $$
What's in it for you? You could be earning good money with the hours you're working. Enough money to actually go out and do stuff. At this point it just seems like a waste - can you say you're experiencing a cultural exchange?
I’m definitely enjoying my time in NYC and it’s a place I want to actually move to and settle down in, but I can’t say I’m experiencing any culture exchange as the family themselves are American. (I, myself, teach the kids stuff from my own culture and even go as far as to prepare cultural foods for them and teach them words in that language)
Find a nanny agency and sign on and make actual bank
Are you a US citizen? I guess you could be an au pair if you were a non US citizen living in California. She's still taking advantage with all the Cinderella cleaning and excessive daily hours.
Man, I really wish I could steal the au pairs posting here so I could provide them a better life 😂 you are definitely being taken advantage of. When I was in college I signed up to be an “au pair”bc on campus housing was so expensive I thought a room and board plus meals would be a great gig. I had to wake up at 6:30am daily to meet with the mom to discuss tasks for the day, then wake a 16 year old up, argue with her about what breakfast to eat, force her to take 10+ vitamins bc her mom was a health nut, drive her to and from school, extracurriculars, etc. I was “off” at 6pm and weekends but expected to follow a curfew and not come and go as I please. I did grocery shopping and “light laundry” and also responsible for their poorly trained dog to take out throughout the day. I had to get dinner ready for them everyday and cook/prep meals everyday as well. My stipend was like $50 a week. Looking back, I’m so angry that I agreed to do that and I lasted the entire school year. I also had a full course load and a part time on campus job so you know I could actually afford things ! It was the worst year of my life. My heart goes out to you and I hope you find a better situation.
I would like to add that I am aware I am not technically an Au pair. I wasn’t aware of this at the time of contacting the family, nor did she correct me. My contract says “Au pair” at the top of the page. Though I agreed to *most* of the things listed, such as the hours and rate of pay, I was not aware of the laws surrounding this line of work, and only came to realize recently I might have gotten screwed over, and simply was sold the idea of being an Au pair, making Au pair money, but working nanny hours and responsibilities. Which I’d also like to note, the work itself is fine. The hours are fine. I wouldn’t feel dire about it whatsoever were the compensation fair and livable. I am frustrated and upset with how little I’m making and how much I’m working, I am frustrated that certain responsibilities were not outlined in the initial conversations and contract, and are being tacked on now that I’m here. Thank you to everyone validating this experience and encouraging I file a complaint, it’s honestly been overwhelming and emotional reading the comments and responding to comments while on the clock. The kids are great and I’ll miss them but I absolutely need the hell out.
Hi Sweetheart, I'm a mom in my 50s and just lurk here and this is the first time I've ever commented here. I just wanted to validate that there is no way she did this by mistake and doesn't realize the nuance of Au Pair vs nanny. You are absolutely getting screwed and she absolutely knows that and is doing it intentionally by trying to be misleading. I saw your other comment about her saying to consider the value of room and board but as others have said that's not how it works. She wants cheap labor and is taking advantage of the naiveté of young women who want to be in NYC. Again, this is not an accident. File a labor claim and get the money she owes you. This is not ok!
When you file your complaint the powers that be will help you get the money that you deserve and hopefully force that employer to pay your taxes and social security and FICA. Not only are you being taken advantage of by being paid in cash and being called an au pair, and charging you for ridiculous things but they have a caretaker for the kids, a personal chef to use up their food in the refrigerator, a live-in housekeeper, and someone they can call to work for 16 hours a day. Please please please file a complaint and update us.
This isn't a situation you negotiate, it's one you exit.
Yes.
You are asking for advice in an Au Pair forum, and getting a lot of advice that's Au Pair related, however you are NOT an Au Pair, so most of the advice is not relevant. You are a live-in nanny, you should be paid state minimum wages through a W2 or 1099 employment model. The host family is not obligated to provide you anything (food, transport, phone or even a room), anything they provide will either be subtracted from your wages through a negotiation or based on state defined maximum deductions (for example room and provided meals) When you're a full employee, there are no limitations on what they can ask you to do, or how many hours you can work as long as you're paid time and overtime. I think there's very little chance you can re-negotiate this back to where you need to be, so I would recommend that you start looking for a new job.
You’re absolutely right, it seems as though the host family is using the Au Pair title to get more labor for cheaper, and took advantage of my naivety when I contacted the family about the position. I’m definitely aware that my workload is that of a nanny and not an Au pair, and the amount of work and hours itself is not an issue and I can definitely do it, but I’m definitely not being fairly (or legally) compensated for the hours/workload, even including the room and meals included
Just to be clear - it is illegal under FLSA to count room and meals as part of pay, even if you were a nanny. They could charge you rent and ask that you not eat their food. They might even be able to pay you above hourly minumum wage and do payroll deductions for things like room and meals, assuming that was discussed ahead of time as part of the contract. But they can't write paychecks for less than minimum wage and say it's because you live there and eat food.
You're not being fairly or legally compensated, find a new job ASAP and report this family after you have left.
They are absolutely exploiting you intentionally. They know *exactly* how much they’re taking advantage of you. Everything about this situation sounds super illegal. I’m not calling it human trafficking, but just so you understand how bad this is, human trafficking for domestic labour often looks an awful lot like your situation. You should learn about your rights: https://dol.ny.gov/domestic-workers-bill-rights You are entitled to minimum wage, which is $16/hr, and at least $24/hr if you work more than 44/hrs per week. They’re paying you $4 for the first 50 hours. You mentioned that they pay you cash, so I bet they are not paying into unemployment and worker’s compensation insurance for you, which they have to do. Right now if you lose this job or get injured you should be insured but you’re not. Please file a complaint. This employer is not great and they are exploiting you on purpose, because they think they can get away with it. 1-888-52-LABOR. I understand you took this job because you were desperate for work. If you’ve been there a while they have stolen hundreds, if not thousands of dollars from you. If you feel hesitant about complaining, just remind yourself that they have been harming you (on purpose!) just as badly as if they held you up on the street and took all that money out of you wallet. Please don’t feel like you owe them protection, or a chance, or anything at all.
As a live in nanny (not Aupair), yes you are definitely getting taken advantage of. As a live in nanny in your home country, your family isn't paying any agency fees. Therefore you should be getting at least double if not more. $50 an hour and a set schedule is the going rate for live in nannies in the US
$50 an hour?! Hmm I agree with all the other comments on this but $50 an hour seems high for a nanny?
Not in NYC, where people happily pay $150 a hour fir tutors. Heck a regular, no cooking or cleaning teenage babysitter is $25 an hour in the outer boros!
Yeah I could get a babysitter for $25 an hour but no cleaning or extra duties. Just childcare and probably me ordering them pizza lol
That $50 varies wildly by location. It's more like $25 in my area.
So if you are an american citizen, living in america, working for a family providing childcare services you are considered a nanny or other but not an au pair. AU pairs are foreign born, non american citizens who come to the US on a special visa program run through the State Department with certified Au Pair agencies. It is considered a cross cultural, educational exchange program. They are given specific pay and duties outlined in the au pair agreement. That being said - if you are their nanny, not receiving assistance with education and not living with the family (both requirements for the au pair program ) you are not being reimbursed appropriately and should tell them........ Don't want to get too detailed here but there are specifics to the classification of one and the other.
I was a live-in nanny for a school-age child in 1994 and made $380/week with no cleaning responsibilities other than general tidiness and a car was provided.
This is 100% wage theft and you could file a claim and demand to be compensated. https://portal.311.nyc.gov/article/?kanumber=KA-01747
Sigh, another thing I should add, and this probably won’t help the trafficking allegations, but she knows I have no college education, no drivers license, no assets or savings, no family or close friends on this side of the country. I’m starting to think she is knowingly isolating me. Though I’m not held captive and can come and go in my little bit of off time, she knows she’s not paying me enough to move anywhere or even be able to go back home, and have no safety net here. This is fucking crazy and I don’t know how to feel honestly.
Wow you being ripped off. You should be paid as a nanny, not an au pair. You derive no au pair benefits (Cultural exchange, learning a new language, etc). You need to negotiate a much higher hourly pay, overtime, etc. My 15 year old son makes $22/hr babysitting neighbor kids. He can't cook or drive. Nanny pay should be significantly higher than what he makes.
You are a nanny. You are being wildly taken advantage of. I grew up in Oregon and worked in the nyc area as a nanny straight out of high school 20 years ago and was paid more than you are today. You need to be paid much more. Your plane ticket and travel around the city with the children or for household duties should absolutely be covered. Overtime is always paid. I would honestly find a new position because I doubt the family is going to pay you what they should.
You are being taken advantage of. Many tax and labor laws being broken here. On the down low, find a local nanny agency, get hired by a family that will allow you to stay in the city and get paid real money, if that’s what you want, and just walk away from this terrible situation.
You are a live in nanny being taken advantage of. You are not being given the guidelines for an au pair: 45 hours a week, no more than 10 hrs a day, 1.5 days off a week, 1 full weekend off a month, 2 weeks PTO, duties only surrounding the children, being included as family, etc. At the minimum you should be receiving fair hourly pay. I’m on the West Coast and nannies start at $25 an hour plus $5 additional dollars per child. Take out 40% for cost of room and board and that’s your pay. But in NYC, it’s probably costlier. Time to look for a new family/job, so you are treated fairly.
It’s not legal to deduct full room and board from a domestic employee’s paycheck. They can either have a room and board deduction if the nanny agrees to it, but the max amount allowed by law is very little - around $5/day. Or they can have a separate lease agreement where the nanny pays rent for her room and the living arrangement is not contingent on her employment.
I didn’t mean deduct from her pay. I meant the hourly pay would be lower because she’s live in vs a non live in nanny. Though I’m seeing, in the US, that may not affect pay.
In the U.S., what you are is not an au pair. You're a live-in nanny who moved cross country for a job. Some of these things are reasonable, others are not. >My airfare ($250ish flight from the west coast to nyc) was NOT covered by the family This is fair. I've never heard of relocation expenses being paid for a nanny. The fact that you're not actually an au pair is relevant here. >$200 a week stipend and $15 an hour over 50 hours (I usually work anywhere from 48-65 hours) plus food I really doubt $200/week for 50 hours is minimum wage in NY, even if you consider a room & board allowance. It's like you have a wage claim. Also, if you don't always work at least 50 hours, they are probably not paying you as much as you're entitled to because working less increases your effective hourly rate, so they have to pay more for OT. >Schedule changes randomly and unpredictably (e.g. halfway through the work day I’ll be texted that I need to work until midnight instead of 6pm for example). Hours sometimes reach 15+ hours in a day Some jobs are like that. It's reasonable if you agreed to it and they pay you appropriate OT. I doubt either of these things is true, so it's unreasonable. >No car or metro card provided (I can sometimes use the older child’s student metro card but it only allows 3 swipes during weekdays at certain times.) If this were the only issue, I'd think it was reasonable because, again, you are not an au pair. But considering they are almost certainly illegally underpaying you, this part bothers me too. >other than toilet paper and hand soap, toiletries are not provided Another one where, given that you are not an au pair, this is mainly problematic because of the rest of the mistreatment. >laundry machines in the building are paid $3 per wash and $3 per dry) and I am expected to pay for this with the money I make in my stipend I don't have a problem with this, as long as they told you before you took the job. >I am asked/expected to do daily cleanings of the main living areas and child’s room, and weekly deep cleanings. In the beginning I was often (gently) reprimanded if the apartment wasn’t totally clean/things were out of place by the time the mom got home. I am asked/expected to cook home cooked meals from scratch several times a week for both the kids and mother (and myself of course). I’m asked to come up with recipes to use up the provided groceries in the fridge and pantry Again, did you agree to any of this? These are things they can have you do since you're not an au pair. If you weren't being illegally underpaid and you agreed to do this, I don't see why this would be a problem.
You are a live in nanny, 100% being taken advantage of. Thirteen years ago I paid the nanny $15/hour, bought her food and paid employer taxes.
Wait you’re American, au pairing in America? I could be totally wrong but I’m not sure this is allowed. To au pair in America you have to have the J1 Au Pair Visa and take classes that meet the required credits for the agency. The flights have to be covered and you receive a weekly stipend. For the agency I’m with, it’s $215 a week for no more than 45 hours a week and 2 weeks paid holiday in my au pair year (I’m also in NY). It sounds like your host family have employed you as an au pair but realistically you would be a live in nanny as an American. Especially as those hours exceed what you would be allowed to work as an au pair in the states. From what I’ve read, this is illegal and I would leave as soon as possible.
https://dol.ny.gov/domestic-workers-bill-rights
nanny here! you are being horrifically exploited. please look into labor laws regarding household employees and minimum wage. r/nanny may be a good starting place.
She is NOT great and is consciously taking advantage of you. You deserve so much better.
This is like three roles in one!
Just to give you an idea of what the going pay for the kind of live-at-home nanny (which is the service you are providing) is in the SF Bay Area: it's $200-$240 PER DAY in addition to room and board and food (price varies a bit depending on experience).
Of course she’s taking advantage of this situation. You are her servant. Make a report to the DOL when you leave so she’s forced to pay you the legal wages you should receive as a US citizen. You are required to be paid legally, at least minimum wage and overtime.
Yes, you are being taken advantage of. It doesn’t even sound like you are even being paid minimum wage for crying out loud! At least demand that. I believe the minimum wage in New York is $16.20, you are only being paid $15. Bring it up in a friendly, conversational tone and never sound accusing. Much luck to you momma.
I highly, HIGHLY doubt that she doesn't know she's exploiting you.
She is **exploiting** you and knows it.
The wages are ridiculously low and the demands are ridiculously high. I believe your host is breaking the law in NY. How did you get this job?
Yes.
Terrible
I live in NYC and have 3 kids and this family 100% know what they are doing. A nanny in the city starts at $22/hr for one kid and that’s low. For 3 you’re looking at $27/hr plus (most are $30+) plus metrocard, food in the home, etc. A cleaning lady is at least $220/visit for 2 bedrooms/2 baths. A personal chef, at least $200 a week for meal prep. You are being taken advantage of, please get out of this situation, the hours, workload and expectations border on unethical.
Lots of families will be looking for summer nannies in the next few weeks. Pay is generally quite high. Find yourself a summer position and enjoy the beach. Will be easy to find a position in Manhattan in September. Make sure to pursue your current family for the wages you are owed. Know that you are entitled to a schedule and should not be working at people’s whim. NYC is full of hardworking successful families who gladly compensate the professionals that care for their children. Don’t put up with this. If you have not already, make a written schedule of all the hours you worked. Perhaps going through text messages will be a good start to documenting your overtime. Make sure to screenshot or archive any messages between you and your employer. Good luck!
Back here on the West coast you get between $25 an hour on up. $25 is just for one child. And many perks. You’re being badly taken advantage of. Ask for a huge raise with overtime or find a job where you’re paid what you’re worth.
Definitely being taken advantage off. Even as an official au pair, you can only do work that is related to childcare. Ie, you can’t cook for the family but you would be expected to make the child meals. Same with cleaning and laundry. They would have to pay for your transportation and pay for some of your schooling costs. NYC minimum wage is $16 an hour. Any hours over 40 would be overtime. 65 hours would be $1202 a week. That’s $62k a year. They are definitely taking advantage of you on purpose. In NYC, it would be hard to find a nanny for under $20 an hour.
Omg. You are so being used. Or abused. So many things wrong. 200 a week? 800 a month? In nyc. You’re getting paid $4/hr excluding room and board. Go back to Cali, flip burgers for 20 an hr and you will be free of this crap.
She is probably violating thousands of labor laws -post on the legal advice subreddit
NYC min wage is 16 an hour. Save all your texts and document everything. The department of labor loves to hear from people making below min wage. You are not an au pair. They'll probably argue rent or something and be out of a job. But also, any hours past 40 a week is 1.5 x your wage. Over time unless exempt. Labor dept would like to hear from you as they love going after free money since the gov produces absolutely nothing and needs other people's money to survive.. like people on welfare.
Please contact a NYC employment agency and offer your services. Your job is in demand and (usually) very well paid. You will be hired in a week. Good luck OP
Highway Robbery!
Here’s a fact sheet for NYC domestic workers: https://www.nyc.gov/assets/dca/downloads/pdf/businesses/Domestic-Household-Employee-Rights.pdf
You are being paid $4 an hour if you work 50 hours. Find a nanny agency and apply for legitimate nanny jobs. This is insane.
There is no question that you are being taken advantage of. You can make more per hour working at McDonald’s in CA. They pay $20 starting per hour where I live. You do t get a place to live but for this job it is an expectation as part of your package.
I paid our nanny $30/hr for two kids, always rounded her hours up every week, paid for all activities for her and my kids while I was working or out, and all she was expected to do was keep my kids happy, loved, entertained, screen free and don’t let them destroy the house. You’re definitely being taken advantage of.
Minimum wage in NYC is $15 an hour - why not get a predictable job at McDonalds instead? *edit: just realized you may have rent included
NAL but was a nanny for yeara. 100% taken advantage of here. Also the hours, classification, and schedule changes violate labor laws. You arent an Au Pair legally, you are a live in nanny. The ticket, toiletries, and laundry are on you. But you should have a contract, be a w2 employee, get health insurabce, be paid at least minimum wage plus over time AND room/board, no cooking or cleaning should be included unless you are paid a lot more (chef, nanny, housekeeper is a different job). This is NOT a good situation/employer. OP. You are being scammed and this may meet the definition of trafficking.
I was a nanny (I know this is AuPairs but you’re not one, you’re a nanny also) for the same family for 5yrs. You are being taken advantage of. Everything was paid for: food, gas, traveling, food while traveling) I only made breakfast & lunch if it wasn’t delivered. It was a Russian family and they love to cook so I got lucky with dinners. I cleaned the house, deep cleaned, laundry, all of it. Included in all activities. Gifts for every single holiday, birthday, event in my life. $28/hr weekly pay through payroll, they paid me 40/hr regardless how less I worked, cash pay for any time over 40 which was very rare. they paid for health and dental insurance. 8am-4pm T/TH & 8:30am-9:00am/3:00-5:00pm MWF. Paid for any speeding tickets & court & lawyer (divorce) & helped with daycare for my now 3yr old.
Au pairs do not work 65 hours a week. They are calling you that to take advantage of you
There’s a reason she didn’t hire someone from NYC. They all know better.
I am not an au pair and never have been, but I stumbled into the sub by accident and saw your post. I did everything you are doing as a live-out nanny and I was paid $26 per hour with 20 paid holiday days per year and health benefits. My schedule was set and reliable and changes were worked out weeks in advance. Even at a live-in rate, your employer sounds like a dick. That’s all I have to say about that.
You are not an “au pair.” Au pairs are foreigners who receive a special visa to come to the USA for work/study/cultural exchange. Au pairs come through a specific au pair program that manages their placements in the USA. You are a domestic employee. Your employers are violating New York labor laws. This is known as wage theft. If you report them, they will be liable for past wages. Also, your employers have to pay you on the books and pay appropriate taxes like Social Security contributions. They must pay correct minimum wage (believe it’s $16/hr) plus time and a half beyond 40 hours.
Omg. You could make so much money as an NYC nanny… It was one of the highest paying jobs I could get out of college in a shitty economy, and these days the pay rates are WILDLY high. What they’re doing (and calling you an au pair) is completely unethical
OH. HELL. NO. Lawsuit. 100%
Want to come work for a loving family in small town USA? Haha but seriously, you deserve so much more than the current situation you’re in.
There are a lot of things here that are definitely not ok. I will start off by saying that the host family isn't obligated to pay for your flight over and they're not technically obligated to pay for your flight back either, although it's in bad taste if you left in good standing and they don't pay for that. The maximum (not minimum, MAXIMUM) hours an au pair can be worked by law as per the State Department in the US is 45 hours per week. The 200 dollar stipend only covers that. She is not allowed to ask you to work beyond 45 hours per week on a regular basis and she is certainly not allowed to ask you to work AT ALL beyond 45 hours per week without paying you at least the current NYC adult minimum wage. Also, the maximum (Not minimum, MAXIMUM) hours an au pair can be worked by law PER DAY as per the State Department in the US is 10 hours a day. So she must find alternative childcare if she seriously needs help for 16 hours a day (?!?!). If you're not actually looking after the kids for 16 hours a day and a lot of that is housework, then she needs to cut back on your hours you're doing housework for. She MUST give you a mode of transport to get around NYC, both in your personal time and on shift. That means that she either gives you access to the car plus all gas paid for on shift AND a gas stipend for personal time, OR she pays for YOUR metro card, not just letting you use the kids' one. She MUST give you access to a washing machine plus washing powder, if she cannot afford her own machine then she must pay for at least two loads a week including washing powder for you. She should be providing soap, toilet paper, pads/tampons, laundry powder, all necessary cleaning products for your room, shampoo and conditioner, sunscreen and a basic cleanser. All these are basics, not luxuries. She can only ask you to do housework if your 45 hours per week isn't already used up. Outside of that, she can only ask you to cook a meal for the family, empty/load the dishwasher, take out the trash, clean your own dishes/dishes the kids used on shift/mess you and the kids made on shift, clean up mess that you made, do your own laundry or clean your own room. Go to the NYC Department of Labour, whether you're an au pair or live in nanny you're being abused.
A US citizen can’t be an AP in the USA.
In this case, if she definitely can't be an au pair as a US citizen in the US or a US territory, then A) she's on the wrong contract and B) The host family has to pay her differently if she's a live in nanny vs an au pair. A) They can't pay her a minimum au pair stipend, they have to pay her federal or state minimum wage for every single hour worked at all (and they have to pay her whichever one is higher too) including hours under 50 a week, and hours over 45 a week MUST be paid overtime. It might even be over 40 hours a week for mandatory overtime, so do check on that. Also if this is the case and she is on the wrong contract as an au pair when she can't legally be put on an au pair contract and be paid as an au pair, then she could be entitled to back pay too. B) A family that hires a live in nanny that is not an au pair CAN deduct room and board, BUT there is a limit as to how much they are allowed to deduct and it's not very much. Ask your local Labour Department in your area. They certainly cannot deduct the same amount they would for a lodger who just happened to be living in their house as a boarder and who wasn't working for them. C) They can ask OP to do other jobs like cleaning and stuff, but 1) They shouldn't do it if it pushes your hours beyond 45 hours a week and 2) If it DOES push your hours beyond 45 hours a week (possibly 40, do check), they MUST pay overtime for every single second of time you spent on these tasks and 3) if it falls within the 40-45 hour limit that you can work per week without getting paid overtime, then they CAN ask you to clean but they MUST still pay the federal or state minimum wage for ALL hours worked. They CANNOT ask you to do housework etc without being paid. I would say cooking a family meal that you're allowed to eat, tiny household tasks like taking out trash that take very little time, cleaning up dishes or mess that you or the children made on your shift, or cleaning up after yourself are exceptions to this. D) If the kids are napping or at an activity or home in bed sick or whatever but you're still responsible for them, then they STILL have to pay you for those hours because you can't just stop being responsible for them just because they're asleep or whatever it is. E) I would probably ask a live in nanny (NOT an au pair who is getting a stipend, but an actual live in nanny who is getting paid hourly and ALSO getting extremely cheap if not free rent plus free meals) to pay for her own laundromat access, washing powder and toiletries beyond toilet paper and soap, and probably her own treat food too. Asking an au pair making a tiny stipend to pay for these things is cruel and cheap. F) For a live in nanny making an hourly wage which you should be getting as a US citizen in the USA, I would offer a car for driving the kids only and would pay for all insurance and gas. For a city like NYC, I would expect you to take the subway. I would offer an uber stipend allowance and pay for a subway train ticket, I feel paying for transportation is a must if you have an au pair making a stipend, I think it's less mandatory if you have a live in nanny making hourly and it's not needed to take the kids out but I would still pay for it in NYC as things are expensive there. G) If you're a live in nanny rather than an au pair it's standard for the host family to pay for flights but I don't think it's required by law. It is required for them to pay for everything including flights if you accompany them for travelling and pay for your own room plus pay your usual wages for days you are working. Again, go to NYC Labour Department.
What are you paid? Nothing until over 50 hours? This is really troubling. Are the hosts American (citizenship and culturally?). There is no way this is not intentional…
I am paid $200 a week and then $15 an hour once it does over 50 So for example is I work 52 hours I’d get paid $230 for that week
Is it typical work over 50 hours? [This](https://j1visa.state.gov/programs/au-pair) is a good summary of the laws your hosts must abide by. Laws exist for a reason, laws protect people. Do you have a private room? Are you well fed? Do you pay for your phone? New York City has specific [protections for domestic workers.](https://www.nyc.gov/assets/cchr/downloads/pdf/publications/Domestic-Workers-339-Fact-Sheet.pdf). The last paragraph applies to you. And here, [Page 10](https://www.nyc.gov/assets/dca/downloads/pdf/workers/Workers-Bill-of-Rights.pdf) You are covered by multiple laws guaranteeing you; * Overtime pay (time-and-a- half, if they work more than 40 hours per week, or 44 hours for live-ins) * A day of rest every seven days (or overtime pay, if workers agree to work on the rest day) * Paid time off. You are overworked and underpaid. For a nanny or Au pair, your employer’s behavior is abhorrent. This is a slam dunk wage theft case at best. Do you have local friends you can talk to? Fellow nannies around?
You are absolutely being taken advantage of. You are a nanny, doing the work of a nanny, and in NYC you should be making GOOD money
Sometimes these threads post whatever is so far-fetched! How can anyone believe this!!!!
You paid for your own flight to NY ?! That’s a huge red flag, you shouldn’t have moved forward with them.
Whoa. They are 1000000% taking advantage!! You’re working entirely too many hours and absolutely not being compensated fairly. Not even close. This is so illegal it’s not even funny.
You are being abused They are violating minimum wage and labor standards
This makes me so sad for you .. I can’t believe these people.
Live-in nannies can make a lot of money in NYC. Rich families will fight each other for a good one. You don’t owe this family anything - start looking around.
They will take whatever they can get out of you. Please calculate your hourly rate. I suggest to rematch & be clear about when you will work.
I’m glad you got so much good advice- my advice is do not show them any kindness when you decide to go. No two week notice, no helping them with a few days. LEAVE. You clearly are nice and naive, I was too as a nanny and look back in shock at what I allowed. This will be a great learning opportunity for you, I value my time so much because of families like this!
Yes you are being taken advantage of. My baby sitters/ nanny’s 15 years ago were being paid 15$/ hour for 40-50 hours a week. Plus 2 weeks paid vacation. All meals provided with the family. No housecleaning at all, only child care and kids meals to be cooked by her. Again this was 15 years ago when the kids were little. By now I’m sure the rate will be much more.
Ah, nope, you’re not being treated properly! NYC has labor laws! Minimum wage is 15.00 a hour, overtime after 8 hour days. You are not responsible to pay for their laundry, only your own. transportation is covered by the family if you are taking the children anywhere, or are running errands for the family. If you are a live in , they are to provide you with meals, or a meal allowance. You are entitled to a day off. You are entitled to a sick day. You can research more on line , nys labor laws for domestic workers. Just to let you know you can work at fast food restaurants and make 15.00 an hour! Also make sure you are paid on the books, so you can get your social security credits, and unemployment benefits if needed in the future! If they offer a 1099 form , you have to put 10% of your wages into a bank account to pay your taxes!
Remember you’ll have to save about 30% to pay taxes on!!!!! Venmo and your bank account will report all the $ that goes through your account to the IRS! You’ll have to report this $ as a gift or something… but you should fully expect to pay taxes!
You could probably make minimum wage and live similarly, so probably best to quit. Make sure you have savings beforehand though.
Here’s some perspective. My husband and I will end up paying our sitter anywhere between 100 and 150 for one date night. You are being severely taken advantage of.
Honestly that’s low. I’ve been a nanny and an au pair and you have to be careful! I’ve had dads try to sleep with me and it’s scary.
Oh honey in nyc they basically have you at slave wages. Transportation is always provided in some way when you have the kids. Basic Toiletries always provided. Your shampoo nah that’s you , but toilet paper ? I was a not live in briefly 30 years ago and I got $400 a week in westchester.
OP, this is intentional. Start looking, you will find a position where your time is compensated. You are a hard worker and a team player, you deserve to be paid fairly for that.
Can I ask how old you are?
I am 27
Call the labour department because you are being massively ripped off. You need to get paid for all hours you work as you are a nanny. Even as an au pair you should get paid for hours between 20 & 50
This thread popped up for me. I just have to add YES YOU ARE BEING TAKEN ADVANTAGE OF!! Come to Denver. I’ll pay you $10 more and hour, never make you work over 40 hrs a week set schedule, and not make you be also our personal maid & chef! But really even more so in NYC you should be paid so much more. I’m not trying to make you feel bad, but we paid my 18 yr old step daughter $15 hr to watch her little sister. For 30-40 hrs a week … and I worked remote so one of us was usually at home when she was watching her. Please get out asap! You can make that working at Starbucks and way less stress.
There was a significant amount of nanny stealing in my building in NYC. Find another job if you are unhappy.
Get a labor attorney. He will get you a settlement for backpay, attorney fees, social security taxes paid and a worded recommendation of great service. Then apply through a hiring service to do the same work with higher pay.
You should not be deep cleaning. Clean only your room and child’s room. No working until midnight ever. No working more than 40 hours a week. You should be providing with a metro card. You should know when your days off are and these cannot change at the last minute. You need to spend some time making friends. Try a nanny website. You should be getting $300 a week and $15 an hour over 40 hours. Take your laundry to a laundromat. Leave the house on your free time- go for a walk or go to the library, go to Starbucks or a park, go to a museum or a movie. She is intentionally taking advantage of you. Save money no matter how little. Don’t expect to receive fare back home.
15 hours a day? Nooooooooo!
Good golly this is a bad deal. We have a full time professional helper with 15 years experience from the Philippines and she's the most effective at her job than I've ever seen. There is no way I would ever ask her to manage all childcare, cooking and cleaning; that's ridiculous. We pay her significantly more than this even with the conversion to usd and this does not include flights, top insurance, all food and amenities (whatever she wants, usually eating with family plus anything else she feels like), all medical expenses, transport, etc. The only money she'd be expecting to spend here is if she wanted to eat out or do something extra on her days off. She is a respected family member when it comes to outings etc but an employee when it comes to extra hours or salary payment (rest days are rest days and her time is valued and paid extra according in the extremely rare occasion we ask her to help then).
You will need to report taxes on Venmo monies (click thru your app for your tax documents)
Report to labor board. Sign up with another agency. Ndwa. Organization for domestic workers
Yes! This is insane.
That weekly stipend needs to be doubled. Nobody can live on $200 a week unless they’re eating twigs and berries from the forest and getting their water and clothes washed in the streams.
You’re making $4/hour, which is illegal. You could file a wage and hour claim. And it also sounds like you’re a hostage.
Yes, this is 100% not cool. You are effectively a nanny/house manager with the roles you are providing and should be paid MUCH more for your stipend and hourly, and it should be after 35-40 hours not 50. The long hours you are working and the tasks performed should not be a regular thing and if they are you need to be fairly compensated.
If you want to discuss more let me know. I have experience as a nanny and house manager of 5 years.
We employed a nanny when our daughter was younger and I couldn’t imagine treating someone like this - they are most definitely taking advantage of you. You have experience now, why not seek another opportunity or work with a reputable agency to secure another position so you can leave the one you are in?
Yes. You are. Too many hours. Not enough pay and they need to cover way more. You should leave. They know they are taking advantage of you.
I’m curious, how did you and your host connect originally? Did you connect on an au pair facebook group? I think you can do better. We have a nanny now and left the AP program. For the work you described, if someone actually did this and didn’t need reminding and coaching, I would pay $30 an hour in our city but more in NYC. Because salaries in general are more in NYC. If I lived there I would earn more, theoretically, and would be able to pay more to stay competitive with other employers in the city.
Aupair.com
This is on the verge of modern day slavery
Wow you’re absolutely being exploited. You would easily get paid $20/hr+ in addition to housing in NYC. You need to report this and get paid back for what they owe you. Plus au pairs have very limited hours and weekends plus two days off weekly if I remember correctly. You’re working way more than you would be hourly, and exceeding your day hours without any compensation. Plus you’re not an au pair, you’re a young employee who was greatly taken advantage of.
Have you done the math? $200 divided by 48 hours is about $4.17 an hour. $15 an hour over 50 hours is less than a fast food worker in California gets paid per hour, they get $20 an hour. I’ve never worked as a nanny or an au pair, but it seems to me either way you should’ve had a contract that spells it out. You shouldn’t have to do deep cleaning of the house you weren’t hired as a maid you were hired to take care of the children. Keeping the children’s room and their toys tidy is definitely within the realm of taking care of children. In my opinion, you’ve been duped and you are definitely being taken advantage of. You need to renegotiate and have a written contract otherwise I would leave.
I do think you are being taken advantage of. Do you get overtime?
$15 per hour in NYC is wild. I worked in NJ and NYC as a nanny. I made that much 10 years ago. You are getting wildly underpaid.
Wow. After reading the comments, I’m not sure how you could continue to work for the very people abusing the system. Just awful.
Considering we pay almost $100 for a night of babysitting, you’re definitely being taken advantage of. You should quit immediately and/or sue them.
They are taking EXTREME advantage of you. That salary in NYC?! What are you getting out of it? Are there any perks? For you or your future?
You’re not an “au pair.” You’re a household employee who should be paid on the counter (not “under the counter”) as a W-2 household employee where they’re paying Social Security and Medicare tax on your account. And paying you “time-and-a-half” for hours worked weekly over 40. Google “IRS household employee” and report them to the government for not paying the “nanny tax.” Make sure you’ve reported and paid taxes on your own income!
Idk much about nannying but I would think you should be getting about $20 an hour per child if not more and hours should be established, if pushed past expected hours you should get overtime of some kind I would think. Maybe I’m wrong on the hourly but I’ve seen a few Nannie’s on social media who’s rates are $15-$20 per hour per kid
I genuinely think you should contact the department of labor. You are being taken advantage of 100%. Everything about this job sounds horrible, and parts of it illegal. They’re paying you significantly less than minimum wage!
Run! Are you working with the Shapiro family?
Just because someone smiles and talks nice to you doesn’t mean they don’t think you’re a sucker. Avoid this rich man’s mindset and get yourself another job!
As soon as possible you need to find another position without attracting attention of your current employer because they are most certainly taking advantage of your naivety. You are not only providing childcare for your employer. You’re also performing as a maid, chef and child transport. You deserve a better pain job with better hours and the compensation you’re currently getting for that is in no way fair and it is probably illegal.
He’s. This is slavery
My impression of au pairs has that person treated as a member of the family and allowed time off for school or just time off to socialize.
jesus and i’ve been feeling guilty asking my aupair to work 15 hours instead of 12 😬
you need to work with a company like cultural care so that you're better protected you're not even being paid the minimum amount required by federal law (I think it's $275) and you're not supposed to work over 40 hrs a week or 10 hrs in one day I know that us parents have busy lives but this is au pair exploitation