Anonymous wrote:
Anonymous wrote:Legally, you are coemployers. This protects the nanny in situations where one family just quits the share or the hours get split in a way where she might lose out in overtime. (Example, if the nanny works over 40 hours in a week, she gets OT, even if she didn't work for either family individually for over 40 hours.)
Google "joint employment relationship" if you want to see the actual law.
This first came up on this board a few months ago on a discussion of minimum wage (whether each family owed it or just jointly) In that case, the joint relationship works to the employers advantage. However, this illustrates how the law protects the nanny as well.
+1 This was argued into the ground over minimum wage and MBs used these laws to defend individual share families paying less than minimum wage. You can't have it both ways, and the law says its this way. You are coemployers, and what one does affects the other. If they aren't paying her for extra hours, and she has come to you about it, you either need to straighten it out with the other family or pay her yourself, but you ARE just as legally on the hook for this as they are.