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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]i used to sue people like you PP who don't pay minimum wage to live ins and I won a lot of cases....[/quote]
Aw...you mean you went to law school when it became clear you are no good with the calculator?

And I guess they didn't tell you that room and board is part of the compensation for the live-in nanny?  Please send us a link to your won case, I'd love to read that![/quote]

http://www.dcurbanmom.com/nanny-forum/posts/list/15/310454.page#3137493

Page 2, 21.11.  The wording for the law is clear.  Nannies must be paid minimum wage.  Nannies may only have room and board deducted if it is to the nanny's benefit to live-in ([b]ie. the nanny asked or the employer offered but did not require[/b]).  If the employer's work involves travel, on call or other reasons to need a live-in nanny, room and board may NOT be deducted.
[/quote]
That thing in parenthesis - you made that up. That's not actually FROM the language of the law.  Not having a housing or grocery bill is a benefit to the nanny - how could it be otherwise? [/quote]

How could it be otherwise?
1. No privacy.  The employer can walk into the nanny's area of the house at any time, for any reason.  Most won't unless there is a reason, and most either allow the nanny to accompany them or let the nanny know ahead of time, but they don't have to.
2. Sound carries.  No matter how much a live-in nanny may want to sleep in on her day, if rarely (never, for me) happens.  Kids get up and start making noise.  Most families either house the nanny in a bedroom on the same floor as the kids, or the nanny is the basement... right next to the playroom.
3. Most families don't want to provide food that the nanny can and will eat, they instead expect the nanny to eat what is already in the house.  In some cases that might mean that it's all boxed or cans, in other cases it might mean that the nanny only has vegetarian or vegan choices.  Live-in nannies almost always end up buying food for themselves, and frequently they need to purchase a refrigerator for their room.
4. Kitchen use is always dicey.  Most families want their children to eat what is served, not ask for something else.  When the family ate 30 minutes prior and the nanny comes out to make herself food on her day off, the kids get upset.
5. Boundaries are very hard to maintain.  What may start as getting a drink for a 2 year old or catching a toddler who is about to go up the stairs without help can easily turn into more.  Very young children don't understand why the nanny doesn't want to play with them.  Older children are likely to try to get a different answer from the nanny when the parent tells them something they don't want to hear.
6. Nannies frequently streamline mornings and afternoons.  It can be very upsetting to a parent to realize that the nanny can accomplish things with less hassle in a shorter time period.  It's a delicate balancing act to make sure that the parents know how the nanny does morning prep and afternoon pick up without making the parents feel inadequate or jealous.
7. Live-in nannies see more of a child's firsts than even a live-out nanny.  Then, the live-in nanny has to decide whether to show the parent a video (if the nanny had time to grab something to record the first), pretend that it didn't happen so that the parent will have the first, or try to get the child to do it asap for the parent.  Parents want to be there for their children's firsts, but the reality is that the nanny will be there because the parents are working.
8. When out with the parent, the nanny is almost always introduced dismissively.  "Oh?  Oh, that's just my nanny."
9. When out with the parent and child, the nanny is always expected to immediately correct anyone who may be assuming that the nanny is the parent.  "No, that's the mother, I'm just the nanny."
10. The nanny is very infrequently allowed to take any credit for anything that she does with or for her charges.  It's just expectations, even when she goes above and beyond.
11. Live-in nannies don't get overtime (unless they are in CA, NY or MD), and they are living in the same house.  So, it's very easy for parents to text the nanny and tell her that they need her to watch the kids while they go on a date, do errands, etc.

As you obviously didn't read 21.18 clearly, I'm copying it over, and will decipher:

Q. How will this effect live-in care givers who receive room and board as part of their compensation? 
A. The FLSA allows an employer to count as part of wages the reasonable cost or fair value of furnishing an employee with board, lodging, or other facilities under certain circumstances. Specifically, employers may only count the reasonable cost or fair value of lodging as part of their minimum wage obligation to live-in domestic service employees if:

1) Employees voluntarily accept the lodging; [b]Employee chooses to live-in, it's not a requirement for the position.[/b]
2) Lodging is furnished in compliance with any applicable federal, state, or local law; 
3) Lodging is primarily for the benefit of the employee; [b]Employee does not have other means of housing herself.[/b]
4) Employers maintain accurate records of costs incurred in furnishing the lodging; and 
5) The credit claimed does not exceed the reasonable cost or fair value of the lodging furnished. [b]Nanny can't be charged more than the employer could rent for the space.[/b]
http://www.dol.gov/whd/homecare/qa.htm#livein3

Is that clearer?  It must be for the employee's benefit, and most (if not all) live-in nannies could find other housing rather than have wages docked to below minimum wage.[/quote]
So potential employers advertising for a live-in nanny must pay regular OT wages?[/quote]

The nanny must be paid for all hours worked.  Unless the home is in NY, CA or MD (perhaps other locations, you would have to check state and local regulations), OT is not required, and even in those locations, OT might not be required until after 44 hours.[/quote]
No, I don't think so. Do you have a government link to support that?

Looks to me that when employer requires a live-in, normal OT rates kick in.[/quote]

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