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"Can a nanny share legally cut the nanys salary in half?
" Yes if the half is still Bove min wage. Not otherwise. |
| You could have kept the nanny and looked for another share, no? You just didn't care enough for her to go to the trouble. I see. |
I thought we had this debate when we were talking about OT and minimum wage in a share? If it is considered one job and not two, both families are responsible for full payment of the nanny's contracted wages, right? You can't just cut her salary in half, mid contract, without her agreeing to the change and signing a new agreement. |
That's true. So, technically, you'd need to give the nanny whatever her contracted notice is that her salary is going down and she'd need to "agree" by continuing to stay and work. |
| I always assumed that the 'hosting' family guaranteed the salary, so if the other family pulled out then the salary would stay the same until someone else joined |
Exactly. And you'd need to pay the full wage for the duration of that notice period. This may not keep a share family from cutting your wage, but at least forces them to acknowledge the agreement, and give you enough notice to find a new job. Much better than walking in one day and finding out that you either accept half your rate or you're unemployed. Can't believe a family would think this is okay. Put all the hurt on the nanny, while you get your own nanny for a steal. I'm sure they're really motivated to find a new family.
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Ha! Why would you assume that? The host family is no more or less the employer than the non host family. You both have a responsibility to uphold the agreement. THIS is why a nanny share is really two jobs. It always is, until its inconvenient. Either you're offering one job for $20/hour, or its two jobs at $10/hour. As we discussed ad nauseam, the law defines it as one job, and if your share partner is a b*tch, you're on the hook, so choose wisely. |
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"That's true. So, technically, you'd need to give the nanny whatever her contracted notice is that her salary is going down and she'd need to "agree" by continuing to stay and work. "
Agree. In practice, that period may likely overlap with the period of notice given by the other familiy if they adhered to the contract's notice provisions. |
Only if, at the time the other family gives notice, that the remaining family makes it clear that they will only pay half the former rate. You can't not say anything, then when its time for her first paycheck after the old family left, only pay your half then claim retroactive notice. |
+1 what a crappy thing to do to your nanny |
Agree. Dick move. |
| OP here - since half wasn't below DC's minimum wage, I'm not sure there are any legal grounds to stand on for not paying her more than their share. Morally and ethically questionable, but not illegal. Sounds like they have found another family. Hopefully for the nanny they are a better fit than we were. |
| OP again - thought I would repeat that we offered to help her find another family/ies and I was confident that I could do so within the 60 day notice we gave her. In fact, I had 3 interested parties ready to meet her. She didn't take me up on that. IMNSHO, it would have been a dick move to not give the 60 day notice we did, not pay two weeks severance, and not offer to help. |
| Seems reasonable to me OP. |
A share is legally defined as a single job. So if there is a contracted wage, both families are responsible for the fulfillment of that wage. As a PP noted, yet hey could give the contracted notice that her wage will be cut, and amend the contract, but she certainly would have legal ground to stand on. The law isn't going to let employers have it both ways. It can't be one job when it comes to fulfilling the minimum wage requirement, but then its two jobs when one family ceases to pay and the other family expects the nanny to shoulder the burden. |