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I've been working for a family for a month now. They seem nice so far, albeit a few things concern me -- they usually come late, not too late, maybe a few minutes here or there, but it's been consistent, 90% of the time. Also, the first two times, MB has apologized, but I don't even get an apology anymore.
They've also been really disorganized -- I don't know what's going on on their end regarding payroll. It took them a while to get it set-up and so, they were writing me checks at the end of every week since I began. They paid me gross pay of $16/hr. MB and DB have told me, that once they got me set up on payroll, they would increase my hourly, so I would still get an equal amount as my gross pay. Well had a talk with DB today and he told me they are sticking to $16/hr and that he is putting me as a salaried employee. I work 45 hours a week, so, I won't be getting paid overtime, which blows plus they are often late, and two, today and tomorrow MB asked me to come in a little early due to a meeting at work. DB told me it would be a benefit to be salaried, as I would still get paid those hours no matter what, if ever I get sick, or if they came home early, or went away on vacation. But I feel I'm getting the short end of the stick, and I'm annoyed that they're backpedalling on what they promised me regarding my pay. Am I right of making an issue out of this? I get my first check from payroll tomorrow, and DB told me not to be surprised if it comes out short. |
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How old are you? Is this your first job?
I promise I have real advice, we just need to know why you haven't done the obvious things yet. I didn't know how to stand up for myself as an 18yo au pair but that job sure taught me how. So...why are you just going along with this? |
| You need to tell them that being guaranteed 45 hrs sounds great but that overtime starts at ?? Whatever your state laws are and that anything you work over those 45 hrs needs to be paid as well. Also that anything over the agreed upon end time needs to be paid to the nearest 1/2 hr when they are late. |
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They are taking advantage and you need to stick up for yourself. I am paid a salary, instead of hourly, too. However, my employer's make sure I am compensated ( in cash) for any OT worked at the end of the week. They are trying to slide by without giving you a fair salary and working conditions. Act now or it will only get worse from here.
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I guess I'm old enough to know better. I've been a nanny for almost 8 years. I took a hiatus earlier this year, but decided to return back. I've never had this experience with any families before. I don't know why I didn't speak up. I know I'm the family's first, and part of me wants to believe that is the real reason, they're just inexperienced. I'll talk to them tomorrow about this. |
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Hell yeah!
They are nickel and diming you to death and this is a huge red flag. You barely started and they already have shown you their true colors...They are not good at keeping their word and are already trying to pull the wool over your eyes. Do not let them get away with this. If you do, it will only continue and get progressively worse. I say leave this job. I wouldn't even try to stay and resolve the issue. They have shown you they are shady people and I wouldn't want to work for shady folks no matter how much they paid me. |
| Let them know you will need to be paid hourly, but $16 after taxes is not a living wage where I live, so just wondering if this is the beginning of even more issues. Do you have anything like a written agreement? Unless you write out a agreement with all your pay, gas, days they cancel on you, overtime, sick days, and vacation expectations included, there will be problems! Sorry you've got yourself into the danger zone here, good luck, |
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Guaranteed minimum pay is pretty standard, so I am not sure why the DB considers it a benefit.
As for the gross vs. net question: as a MB I would never guarantee a particular net pay. Too many variables that are way beyond my control. So I am with them on that. However - and this is key - they cannot refuse to pay overtime or call you a salaried employee. They must follow IRS regulations. So I would tell them that all hours over 40 are billed at time and a half per IRS rules. If they fail to pay according to the law, you can quit and report them. And in the future, have a contract before you start a job. |
| Federal law mandates domestic employees are HOURLY employees and OT is paid after 40 hours. There are no exceptions. Do not let these cretins get away with cheating you. Call your local labor office to get specific cite. In Maryland, any time over 8 hrs per day is OT. |
$16 an hour is a great wage for a lot of people, especially an inexperienced nanny. |
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$16 an hour isn't a bad rate depending on the area where you're at.
You do need to inform your employers that per federal law a nanny is an hourly employee, not salaried. And that as an hourly employee you begin charging your overtime rate (usually one and a half times your hourly rate) after X hours (whatever your state laws say but usually 40 hours per week). If you want guaranteed hours that is something you need to negotiate along with any other benefits such as sick time, vacation time, mileage reimbursement, health care contribution, etc. |
| If they want to do salary they need to write it out and pay accordingly. The first 40 hours will be paid at $16 hour after 40 would be at the rate of time and a half. There is a difference between guaranteed and salary. Guaranteed means you will make x amount for 45 and then time and a half for anything over 45 hours but you will never get paid for less than 40 hours. Salary (which is illegal) means you get paid the same amount each week no matter if you work 20 hours or 80 hours |
| OP, let us know what happens! |