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[quote=Anonymous][quote=Anonymous]Employment law does stipulate that employees be paid on time but it doesn't stipulate any damages. If you bounced a check or incurred any late fees you could try to recover these fees. OT is pretty straightforward and easier since in a share you could document it. You could create a list of the dates and times that they were late and see if the other family would create and sign a letter affirming this. I'm assuming that you are talking about a substantive amount. Judges get annoyed with litigious people wasting the courts time. If its a grand total of $10 don't go there but if its $100 or more small claims is good. One thing to be aware when going after unpaid OT is that OT laws only factor in base and OT hours actually worked. Nannies try to be salaried and hourly which is fine to work out with your employers but unworked hours paid by guaranteed hours or anymore than 8 hours for a holiday don't count toward hitting the 40 hour mark. On vacation it depends on the contract and the state so research this one. If you accrue hours meaning that each week you earn a few hours then its generally upheld that you are entitled to the hours that you accrued but did not take yet. Most nannies and families don't accrue though..the vacation is available when she starts. Notification time requirements or requests being turned down doesn't mean that you waiting for accrual. In this situation, its a use it or lose it situation. If an of your PTO or vacation occurred before you would have accrued it your family has pretty good proof that you weren't accruing hours. [/quote] The vacation laws depend on the state, so many of your assertions may or may not be true. In MD for example, unless otherwise stated, vacation is NOT use it or lose it, but to be paid out upon termination of employment. That is, accrued but unused vacation. If it doesn't accrue and was otherwise available for use, you ARE entitled to the monetary value. http://www.dllr.state.md.us/labor/wagepay/wpunusedvacpay.shtml[/quote]
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