Reply to I know it's a law, but why?

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[quote=Anonymous][quote=Anonymous]Ok, I'm going to tackle this point by point.  For what it's worth, I'm a nanny who only applies for live-in positions, and I advocate for myself.  When I interview with a family who advertises a decent rate but the package turns out to be below minimum wage, I report them to Wage and Labor.

1. Many live-in nannies are paid salary, because the lines between working and off duty can blur so easily.  According to the regulations, as long as the number of hours is a reasonable approximate, the nanny and family can do that.  So, I negotiate for either a. a salary that stays constant every week of the year, with overtime if the family goes over a maximum number of hours ($x for anything up to 50 hours, $y/hour for hours above that) or b. separate salaries for school weeks and non-school weeks (if a child is out of school for 2+ days, it's paid at the non-school rate).

2. Employers must pay for ALL hours unless the nanny is able to sleep 5 consecutive hours during a 24 hour shift.  In that case, the parent is required to pay for all hours in the first 24 hour shift, but the later shifts in which she sleeps at least 5 consecutive hours do not have to have the nanny's sleep period paid, up to 8 hours.  Personally, I consider this reasonable.  If I'm working 24 hour shifts, either the child is young enough that the child wakes and I don't get 5 consecutive hours of sleep, so I'm paid for all hours, or the child is old enough to sttn, so I'm paid hourly for the first overnight per week, plus any night that the child wakes up.  Because the reduction only applies for someone working 24 shifts consecutively, it cuts down on employers taking advantage, and I'm well paid.

3. Live-in nannies are not eligible for overtime except in certain states.  Sorry, but I understand this.  A live-in nanny who was guaranteed overtime might argue that she should keep track of every minute that she helped kids when she stepped into the main area, and that's ridiculous.  This is precisely why I negotiate for salary.

4. Room and board can only be deducted from the nanny's salary if they are provided for the nanny's convenience.  A 24 hour nanny is there all the time working, so for her it's not a convenience.  A parent who leaves for work before 5 am is unlikely to find a live-out nanny who is willing to do it, stay long-term and be reliable, so a live-in nanny is a necessity.  A surgeon who is on call nights and weekends needs the nanny to also be on call, and most live-out nannies can't and won't drop everything, nor will they agree to remain in a 5 minute radius of the house.  If the family advertises for a normal schedule, and offers live-in as an option but doesn't require it, then the employer can deduct room and board with the nanny's knowledge and consent.

Minimum wage is low in most areas, but most nannies make more.  My last position paid $650/week to start, no housekeeping, just care for toddler twins (40 hours per week, live-in).  I've also had part-time, other full-time and one 24/7 position.  I don't burn out if I can determine how things can be done more efficiently, and I love working with families who need full-time plus up to 24/7.  Of course, the most important word is NEED.[/quote]

It's great that you know your rights, are confident and able to advocate for yourself, and haven't had employers trying to take advantage of you. However surely you understand that you do not represent the majority of nannies, especially live-in?

I'm actually doing research on the laws governing domestic employment and the level of adherence to those laws, and the sad fact is that most nannies aren't even receiving the little bit of protection afforded to them by the law. A national survey found that 67% of live-in employees aren't receiving minimum wage. That's 2 out of 3. 50% of them are working schedules that do not regularly allow for 5 hours of uninterrupted sleep.

There is a lot that needs to be done to better protect the rights of domestic employees, and it doesn't help when the well-off educated ones who have it pretty good discount the reality of so many others. [/quote]

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