Mariah Carey and Nick Cannon's Former Nanny Sues for Unpaid Overtime

02/02/2015 | Wage & Hour Violations

Mariah Carey and Nick Cannon's former nanny filed a lawsuit in New York last week against the recently split couple.  The nanny cared for their two three year old twins from October 2013 through January 2014 when she was fired.  She claims she was fired by Carey for being too affectionate with the children. 

According to the nanny she is entitled to unpaid overtime wages for the hours she worked over 40 each week.  She says she worked twelve and twenty-four hour shifts, sometimes working seven days per week.  In addition, the nanny says she was not allowed breaks, meals, or sleep.  She remained on call at all times and was not paid for those hours.

Wages and overtime are governed by the Fair Labor Standards Act (FLSA).  The FLSA provides that most employees in the United States be paid the federal minimum wage and overtime pay.  However, there are several exemptions to overtime requirements under the FLSA.  Each exemption has a unique set of criteria depending on the employee's title, duties, and salary.  Presumably, the New York court will have to make a determination based on the specific facts of the case as to whether or not Carey's nanny falls within an exemption to the FLSA.