ISO advice re nanny share minimum wage

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I don't see how it would be legal. In the eyes of the law you are each her employers individually, hence both parties having their own EIN and filing your own taxes. I would think you are both also required to pay at least minimum wage.

This is correct. Uncle Sam doesn't care about what your girlfriend is paying her. The government is looking at YOUR payment history, not your friend's, and how it adds up.

You know, you really should stop spreading this misinformation around several threads. What Uncle Sam cares about is your wage. The amount you make per hour for your job. It doesn't matter if you are paid for that job by a company, an individual, two individuals, or receive your pay in unmarked small bills, your wage is what you make per hour.

Source? Zero, huh?

I could ask you the same thing. The DOL site does not address working two simultaneous hourly paid positions because it cannot happen. It's a bizzare enough concept that it isn't worth addressing on any nanny pay site or dol site. Yes, in a share you have two employers. Many people have multiple employers.

I challenge you to find one actual source that suggests an hourly employee can ever be on a position to be earning double minimum wage.

In a share, do you only have to have one employer identification number or two? Do you have one worker's comp policy or two? Does the nanny receive one paycheck or two? If one family fails to pay the nanny, is the other share family on the hook for the rest? Im guessing not, since you employ her seperately. When nanny files her taxes, does she not have to file as someone with multiple jobs, and enter all of the information separately, and at the hourly wage she is paid by the individual family? In all other situations, a share nanny is treated as having to jobs, with two seperate employers. The fact that you share her time makes no difference otherwise, so I challenge YOU to find one source that indicates that an employer is off the hook for minimum wage based off of what another employer pays. You don't think it will set off some alarm bells when your nanny fills out any tax forms and her hourly wage is below minimum wage?

As previously stated, you can keep arguing this all you want (and FWIW I agree with your logic) but all the logic in the world doesn't make it law. Unless someone can find proof of one way or the other anyone in a situation where it matters should consult with a lawyer.

[Anonymous]

Anonymous wrote:It's legal. Minimum wage is the minimum wage an employee must be paid. The number of employers is irrelevant. Your contract with the nanny needs to document the wage she will get hourly. It does not need to document who is paying what.

Of course, you should document the rate she will get if she is only watching one child. Even if that rate is the same as for two children. It cant legally (or reasonablely!) just be half.

Bad advice. There are two emoloyers and both must pay minimum wage and appyopriate OT.

[Anonymous]

Anonymous wrote:It's legal. Minimum wage is the minimum wage an employee must be paid. The number of employers is irrelevant. Your contract with the nanny needs to document the wage she will get hourly. It does not need to document who is paying what.

Of course, you should document the rate she will get if she is only watching one child. Even if that rate is the same as for two children. It cant legally (or reasonablely!) just be half.

If you are the employer, you are required to abide by the law. The law requires you pay pay at least the minimum wage. If you believe you are above the law, so be it.

[Anonymous]

Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

[Anonymous]

Anonymous wrote:Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

Does that also mean that the other family can be held responsible for the actions/payment of the other family? Seems like this is set up to give employers the best of both worlds and really is of no benefit to a nanny. Does that mean that a nanny is entitled to her full rate, and/or her OT rate irregardless of how many children are present, or which family she works the OT for?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

Does that also mean that the other family can be held responsible for the actions/payment of the other family? Seems like this is set up to give employers the best of both worlds and really is of no benefit to a nanny. Does that mean that a nanny is entitled to her full rate, and/or her OT rate irregardless of how many children are present, or which family she works the OT for?

It means that both families are equally responsible for the nanny getting her entire rate for hours she works for either family. It also means that the nanny must get her full OT rate when she works over 40 hours in a week, even if, for some reason, she didn't work over 40 hours for one or both families individually. It doesn't mean you cant negotiate a different rate based on different numbers of children being present.

There is law out there about calculating overtime when an employe has differential rates, but, I didn't read that in depth.

[Anonymous]

Anonymous wrote:Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

Uninsured nanny gets injured on a walk with the kids of two families. Whose disability insurance pays? Both of yours?

[Anonymous]

I bet some share nannies will suddenly be getting health insurance benefits, 100% paid for by her employers.

[Anonymous]

Anonymous wrote:I bet some share nannies will suddenly be getting health insurance benefits, 100% paid for by her employers.

...not to mention Obamacare coming to.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's legal. Minimum wage is the minimum wage an employee must be paid. The number of employers is irrelevant. Your contract with the nanny needs to document the wage she will get hourly. It does not need to document who is paying what.

Of course, you should document the rate she will get if she is only watching one child. Even if that rate is the same as for two children. It cant legally (or reasonablely!) just be half.

Bad advice. There are two emoloyers and both must pay minimum wage and appyopriate OT.

That's incorrect. Only the joint rate counts toward fulfilling the responsibility of minimum wage. This has been discussed on another thread in the General Discussion with appropriate quotation from the laws.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

Uninsured nanny gets injured on a walk with the kids of two families. Whose disability insurance pays? Both of yours?

10:14 ??

[Anonymous]

10:14 doesn't know the law. Period.

[Anonymous]

Anonymous wrote:10:14 doesn't know the law. Period.

Please refer to the actual law at:

https://www.osha.gov/pls/epub/wageindex.download?p_file=F8764/wh1057.pdf


Specifically the portion that states: "In discharging the joint obligation each employer may, of course, take credit toward minimum wage and overtime requirements for all
payments made to the employee by the other joint employer or employers."

You wanting the law to say a certain something isn't proof of anything.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Google joint employment relationship. Basically if the work done for two employers is not completely disassociated, it is considered joint employment. Each employer can may take credit towards discharging the minimum wage obligation from the other employers payment. However, this law also provides protection for the employee as work done for each employer must both count towards OT requirements.

Does that also mean that the other family can be held responsible for the actions/payment of the other family? Seems like this is set up to give employers the best of both worlds and really is of no benefit to a nanny. Does that mean that a nanny is entitled to her full rate, and/or her OT rate irregardless of how many children are present, or which family she works the OT for?

The benefit to the nanny is the ability to charge a higher rate vs. a one-child family or a single family with two children, as the market makes possible.

No, the nanny isn't entitled to her full share rate when only one child is present - why would she? If the families' hours do not overlap completely, there should be a breakdown for a single-child rate and a share rate in the contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:10:14 doesn't know the law. Period.

Please refer to the actual law at:

https://www.osha.gov/pls/epub/wageindex.download?p_file=F8764/wh1057.pdf


Specifically the portion that states: "In discharging the joint obligation each employer may, of course, take credit toward minimum wage and overtime requirements for all
payments made to the employee by the other joint employer or employers."

You wanting the law to say a certain something isn't proof of anything.

Please explain how both employers of the nanny are "acting completely independent of each other", if one employer is showing up in the private residence of the other employer, to drop off their child?