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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4879
Experience:  Extensive experience representing employees and management
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i am a live in nanny and do not have a fixed schedule and am

Resolved Question:

i am a live in nanny and do not have a fixed schedule and am paid a certain amount per wk. I end up babysitting 3 children about 12 hours a day. Some of this time is not actual labor but time where I am available and supervising children. When we interviewed, hourly wage was not discussed, only job duties and weekly pay. I would like my own time as well for my personal life. Should I have an hourly paid schedule?? and should I be paid over time even though an hourly wage was not discussed in the interview?? summer is coming up, and I'm afraid I may be expected to be available from sunrise to sunset for the kids. Help please!

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Yes, you definitely should have an hourly paid schedule, as you are required to be paid an hourly wage as a non-exempt employee under California.

You are also entitled to receive overtime for all hours that you work in excess of 8 in a day at time and a half. You are entitled to receive double time for all hours that you work in excess of 12 during a week.

Unfortunately, the only limit placed on California employees is that they work no more than 72 hours during a week, so your employer could theoretically want you to be available all most from sunrise to sunset, but the employer would have to justly compensate you for that time.

I would suggest that you make this request and/or demand to your employer, due to the fact that you didn't realize the laws in this area, and were unaware that you would be required to be available and working with the children for such long periods of time.

Good live-in help is hard to find, so I imagine your employer will try to be accomodating and pay you in accord with California labor law.

However, if you do have any problems with the employer paying you the compensation you're due under the law, you should file a wage claim against your employer.

You can do so using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Or report the violations directly to your local office of the Division of Labor Standards Enforcement here:

http://www.dir.ca.gov/dlse/districtoffices.htm

Since my goal is to provide you with excellent service today, please don't hesitate to let me know if you have any additional questions or need any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Hello Martha,

Please remember to rate my answer positively so I get credit for my work!

(If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!)
Customer: replied 1 year ago.

Hi, sorry I was unable to reply sooner... they really got me working hard here :/ I hope its not too late to rate your answer and for you to get credit.


 


I will admit Im still somewhat unsure of what to do. Im afrad to lose my job if I confront the issue. Im not paying rent or food plus getting paid so I feel obligated to work at any time that they need me. That cant be right though.


 


My main question, am I entitled to ask for a start and cut off time where I am NOT available for them if they need me? EVEN THOUGH i live in their house???

Expert:  Joseph replied 1 year ago.
No worries.

Yes, you are definitely legally allowed to ask for a start time and a cut off time when you will not be available even though you are a live-in nanny.

You are free to renegotiate the terms of your employment at any time!
Joseph, Lawyer
Satisfied Customers: 4879
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I already rated it..why am I getting asked to rate it again

Expert:  Joseph replied 1 year ago.
I'm not sure. Sorry about that, it must be some site issue.
Customer: replied 1 year ago.

No problem. thx again for your assistance. Im trying to stir up the courage inside of me to confront the issue with my bosses :/

Expert:  Joseph replied 1 year ago.
Thanks again. Hope you do find the courage!

Happy to help and best of luck!

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