Am I considered a live-in nanny?

[Anonymous]

I am a 24hr nanny 5 days a week. I am responsible for the child 24hrs a day, I do not have any set hours. I go home on the weekends, because that's when the 24hr weekend nanny comes and needs to stay in the nannies room. I know legally my employer doesn't have to pay me for 8 "sleeping" hours during a 24hr pariod even if I'm awake and working. But because I work 24hrs, and I have to leave on weekends- would I still be considered a live-in? I know live-ins are exempt from overtime pay. What do you guys think?

[Anonymous]

Do you have a room in your employers house that you can stay in all week if you want to? If you CAN stay there all week (whether or not you choose to) you are a live-in. If you are only able to sleep in the house while you are on duty but are expected to "go home" when you are off, you aren't.

[Anonymous]

OP, I imagine that you must be very well paid to be on call for so many hours. What do the parents do all week long?

[Anonymous]

OP here- no, I don't have a room where I can stay on my days off. Have to pack my bags every Friday. I make a good Salary for a nanny, $85k. But I have quickly realized I can make the same amount working just 50-60hrs, with overtime, but my agency says I can't earn overtime as a live-in. I am currently working 110-120 hrs a week, and I net $8.50 an hour. Just trying to build my case, to see if I can get a raise

[Anonymous]

Even though your situation is strange, you would be classified a a live in so you can't all of sudden decide to charge them according to live out rules. You would have hard time finding an 85K job working for 50-60 hours a week. There is a reason why super high paying jobs pay so much..its because there are other downsides.

[Anonymous]

They also do need to pay your hourly rate for sleeping time if you are awake and working.

[Anonymous]

Anonymous wrote:Even though your situation is strange, you would be classified a a live in so you can't all of sudden decide to charge them according to live out rules. You would have hard time finding an 85K job working for 50-60 hours a week. There is a reason why super high paying jobs pay so much..its because there are other downsides.

Nope, she is not a live in. Calling her that to save on OT doesn't make it true.

[Anonymous]

what agency are you using?

[Anonymous]

You sounded like a live-in up until you said you leave on the weekend when you're "off" so I don't believe you're considered a live-in. If you're on 24.7 then ofcourse you need to be there so that's more of a benefit for your employer then you because you still have to pay for rent and utilities at your home and your only there on the weekends.

You definitely should be getting paid overtime. Please tell me you are.

[Anonymous]

Anonymous wrote:what agency are you using?

what does it matter?

[Anonymous]

Anonymous wrote:Do you have a room in your employers house that you can stay in all week if you want to? If you CAN stay there all week (whether or not you choose to) you are a live-in. If you are only able to sleep in the house while you are on duty but are expected to "go home" when you are off, you aren't.

This. A doctor that can sleep in an on-call room at the hospital is still "working" but isn't considered a "live-in" doctor. He is only there during his regular shifts and on-call shift hours. Same with you, you are only there during your shifts which happen to be 24 hours, 5 days straight. That is not your FT home, therefore you cannot be a FT "live-in". If you do not keep most of your possessions there, you are not a live-in. You are a "working guest" those nights.

[Anonymous]

Thank you for your replies. I work with two agencies, one is Nannies and More, they are the ones who say I am a live-in, thus can't be paid overtime. And I work with Pavillion, they are the ones who specialize in 24/7 nannies. I have now learned after networking with other 24hr nannies and household employees that my salary is a JOKE in NYC for giving up your life 5 days a week, especially with a very high-end (one of the wealthiest in the city) family.

[Anonymous]

24hr nannies in NYC make $350-500 a day. If it is a high end family, that should be at least $2500 a week. That's no joke, and it makes it a bettee incentive to work those hours. A live-in has been provided with 7 day accommodations. Unless your boss is paying for your weekend apartment, you are not a live in.

[Anonymous]

Even if your agency/employers want to incorrectly classify you as a live-in, under the New York nanny bill of rights you would be entitled to OT pay after 44 hours anyway. Please research your rights. Google NY nanny bill of rights, as well as who you would file a claim with. Show this info to your agency and your employers. I'm sure there is a definition in your state as to what qualifies someone as a live-in employee as well, and I doubt you would qualify seeing as how you must vacate during off hours (just like every other live-OUT)

[Anonymous]

If you have an official residence elsewhere, I do not believe you are a live-in nanny under the law. Do you pay rent/own somewhere else OP? If so you are not a live-in, and they would be hard pressed to make that case if you decide to persue legal action. If you have no claim on the room you stay in during the week, ie. it's not always available, or it's not factored into your compensation or work agreement, it is not your residence and you are entitled to OT pay.