Reply to My live-in nanny was fired a month ago and just recently filed a complaint with labor commission

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Reply to "My live-in nanny was fired a month ago and just recently filed a complaint with labor commission"

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[quote=Anonymous][quote=Anonymous][quote]I thought live in nannies are exempt from OT? And there's a statute of limitations to collect...like 2 yr or something. And you have to be able to PROVE it, otherwise people would be suing employers left and right[/quote]

It depends on the state. In most states live ins do not receive OT. Maryland and a few others are the exception. The nanny does need to prove her working hours. Generally, in situations where there is no documentation the most organized party who presents as the most honest wins.

OP was her schedule all over the map or did you have her working a regular schedule? This can make a big difference.  [/quote]

OP here: Thank you for your response. Yes her schedule was all over and she didn't work set hours that didn't go over 40. I'll disclose more information during the conference to defend my side of the story that the nanny worked less than 5 hours a day. My husband was out of the job when she came to work for us on the first year (yes, the whole year my husband was out of job). And I was trying to recover from delivery. We both were at home during the 1st year, there is really not much for her to do. Then the 2nd year my husband was working out of the state, I was always at home, sometimes volunteered for the school and the community, drove around my girl (9 years old now) for some after school programs. The nanny was just helping me watching the baby while I was out driving. Also My girl did not like her cooking, we always ate out and brought her dinner or lunch when we came back (I kept some receipts). I once proposed that I like to cut her pay because there were really nothing much for her to do. She begged me not to. So I just kept paying her the same pay even though there is no work for her. I was trying to help her, but she started talking on the phone constantly, watching TV (she has her own TV in her room since the 3rd weeks she came) whenever she can, and came to work whenever she felt like to. She was always late to come to work on the first day after the weekend. The worse part is that she went into fight with her husband very often that once I heard her screaming and yelling from her room during midnight. Her husband came to US 3 months ago, her retardation irretated me, and she always called in at the last minute for personal leaves and I ended up missing several important appointments that I supposed to go in the morning.[/quote]

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