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Just When You Thought It Was Safe . . . Nannygate Ii: The Sequel, Martin J. Katz, Christopher Leh

Sturm College of Law: Faculty Scholarship

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 …