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Publication Date



Fair Labor Standards Act, FLSA, Domestic workers, Domestic employees, Wage compensation

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Sturm College of Law


The "Nannygate" scandal that erupted in the wake of Zoe Baird's failed attorney general nomination and Judge Stephen Breyer's aborted Supreme Court nomination has subsided. Most employers of domestic workers now realize they must comply with certain tax and immigration requirements. However, what they may not realize is that they might be violating the law concerning the most fundamental aspect of the employment relationship: how much they pay their domestic employees. Most people understand that nondomestic employees are subject to minimum wage, overtime and recordkeeping requirements of the federal Fair Labor Standards Act ("FLSA"). What is not so obvious is that the FLSA also applies---with some twists---to domestic employees. Further, the consequences of deviating from these laws can be severe. Unfortunately, those employers who try to do right by complying with tax and immigration reporting requirements may be unwittingly reporting their own wage violations to enforcement authorities. Consequently, it is essential to understand how wage and hour laws apply to domestic employees and to follow a few tips to ensure compliance with federal law.

Publication Statement

Originally published as Martin J. Katz & Christopher Leh, Just When You Thought it was Safe . . . Nannygate II: The Sequel, 23 COLO. LAW. 581 (1994).

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