Summer Nanny Going "Live-In"

[Anonymous]

We hired a great summer nanny for our daughter. She is a college student and we pay her $18 an hour for 40 hours a week. Over the weekend, her living arrangement changed through no fault of her own (there was a kitchen fire in the lower apartment - she was subletting for the summer only and will be moving into a dorm in the fall) and she has asked to live with us for the summer or else she has to go home (800 miles away). Here's the problem - we are paying her legally and we only have a two bedroom condo. She would have to sleep in our daughter's bedroom which is construed by labor laws as having her work around the clock for which she would need to be paid. There is no way we can even fudge the figures and pretend she was working 168 hours a week as that would make her pay way, way below minimum wage.

We are in a mess here. We need her, she needs her agreed upon weekly salary and we can't build another room! WWYD?

[Anonymous]

You're over-thinking this one, OP. Simply put in your written agreement what the circumstances are, and you'll be fine. No one is coming after you. State her working hours, and that the ONLY purpose of her living-in, is that her own place burned, and she asked to share your child's bedroom and you agreed. "Under no circumstances, will there be any additional work in exchange for this."

[Anonymous]

She can sleep on the couch at night.

[Anonymous]

I disagree.

Just because she sleeps in your daughter's bedroom, does not constitute that she is technically "on-the-clock"and working at the time.

She can be sleeping in your daughter's bedroom and be doing just that. Sleeping. Not working. Not responsible for your child. Just sleeping.

[Anonymous]

You are right OP. Whatever she is actually doing, the law has been written to protect employees from abuse and legally you will have a 24hr nanny. Having said that, I doubt anyone is going to come looking for you. As PP suggested, add an addendum to your contract stating in narrative form what happened. You both sign it. If would not hurt to attach a copy of her notice to vacate.

Have you guys talked about the logistics of this arrangement? Will she have privacy in this bedroom? Can she come in or out at her leisure or will there be a curfew? I applaud your generosity. Its what any of us would want someone to do if we were suddenly homeless. I hope you have worked out all the links so that you can keep the positive relationship with the nanny.

[Anonymous]

Thanks everyone for your responses. Our only other option would be to have our daughter (7) sleep in our room with us for the summer - but not a great option for DH and me.

Yes, we have discussed her actual living arrangement - that she is free to do as she pleases when not working. She's 21 and I'd never dream of giving her a curfew. She is a very responsible and wonderful young woman. She would simply be sleeping in the other twin bed in my daughter's room and working the same hours for the same pay.

I'm sure it'll work out - thanks again everyone.

[Anonymous]

I think you're fine to go ahead and just let her stay with you, OP. It's not like the labour law people go door to door checking for illegal activity

You sound like a great employer!

[Anonymous]

Anonymous wrote:I think you're fine to go ahead and just let her stay with you, OP. It's not like the labour law people go door to door checking for illegal activity

You sound like a great employer!

the problem would not be the labor law people. the issue would be if there is a falling out with the nanny, they kick her out and the nanny as a revenge claims that she was overworked and underpaid. unfortunately this happens

[Anonymous]

OP UPDATE: DH spoke to a labor rights attorney and there is no way our nanny can legally sleep in our daughter's room. Given the circumstances however he said that she could sleep on the living room couch. How in the world does this make sense?! She can sleep on our short couch but not a separate bed in our daughter's room?!!! The nanny, DH and I are all frustrated.

Anyway, she has no other place to live and needs this job as much as we need a nanny - so we'll pull out a roll-away bed and set it up for her in the living room with a few screens for privacy for the rest of the summer.

[Anonymous]

She's the only nanny available in your area?

[Anonymous]

Who cares that it is legal. Nobody's gonna come at your door and check where she's sleeping. You're being ridiculous!

[Anonymous]

I meant "illegal"

[Anonymous]

OP again - yes, it's too late to find another nanny with her qualifications (speaks German) and besides, I really like her and so does my daughter. The Nanny needs the money for school in the fall.

DH and I have jobs that require 100% total legality. We don't have a choice to fudge anything and do anything that even hints at anything illegal.

It's just a glitch. Thanks everyone - we'll all get used to this new arrangement and be fine. I'm sure it's no treat for our nanny to have to sleep in the living room either.

[Anonymous]

Why can't she find another summer sublet?

[Anonymous]

Anonymous wrote:Why can't she find another summer sublet?

OP Again - she is trying to find another sublet but it isn't easy this late. Luckily we found out one of our neighbors was looking for a house sitter/cat feeder for three weeks in July and our nanny can stay there (and make a small fee). She's been staying here since Monday night and its been fine. It's just a pain for all of us that she cannot stay in our daughter's room where she would be more comfortable and have more privacy.