It’s been a long week, you’ve had to work overtime due to a change in schedule, you’re tired but agree to work the extra hours because of the time and a half over pay .
Friday is here and you receive your paycheck, and the amount does not match the hours you’ve put in. You bring it up to the family and after a few apologies and excuses, you are promised that the mistake will be corrected, and the balance will be added to your next check. The next check arrives and still, the correction is never added, and the problem persists and only repeats itself week after week. What do you do? You sue for wage theft.
Nanny Legal Rights
Yes, a Nanny can sue a family for back pay. As a Nanny you are protected under federal and state laws no matter your legal status and race. The Fair Labor Standards Act (FLSA), Fact Sheet #79B, Fact Sheet #79D, and IRS Publication 926 are important laws to learn on your right as a nanny.
“The federal Fair Labor Standards Act (FLSA), and similar state laws, allow you to sue your employer for unpaid overtime pay. The rules for calculating overtime for nannies are contained in the Department of Labor’s Wage and Hour Division Fact Sheet 79D. Calculations differ between live-in and live-out nannies. Consult an experienced nanny overtime attorney to discuss your case.” lemberg Law.
Click to learn what are the household laws by US States or do an internet search for “Filing an Unpaid Wage Claim in [LIST STATE]
How To Go About Suing
- File a Claim with the with The US Department of Labor Wage and Hour Division
- Hire an Employment Lawyer in your state to recover your lost wage.
- There is a time Limit for which the claim must be file- within 1 year.
- Claim must be from employment work, not contract work. As a nanny, you are an employee and not an independent contractor.
- Claim for unpaid wages must fall within your state dollar amount value, claim with a value higher than $10,000 will be pursued in court.
- Provide: Employer’s name, address and telephone number
- The gross amount you are owed
- Documentation to support your claim
- Dates documenting length of employment
- Most states have laws which provide job protection if you are terminated as a result of filing a wage claim against your current employer. Federal law provides job protection if the claim is related to unpaid overtime or failure to meet minimum wage.
Employer Termination and Retaliation
As a nanny, the law is on your side if you are wrongfully terminated from your nanny position, in a form of retaliation for suing for unpaid wages, no matter your legal status even if you are undocumented. Wrongful Law and Retaliation Laws states that employers cannot retaliate against nannies who stand up for their legal rights. If your rights as an employee have been violated by your employer by wrongful termination, you may be entitled to reinstatement, back pay, compensatory damages, and other financial compensation.
Conclusion
No matter your legal status in the US you have employment rights, do not be afraid to stand up for yourself if you are being taken advantage of and made to work overtime without paid. Not speaking up for yourself will not make the problem go away, only taking actions will.
If you work over 40 hours, anything after 40 hours is overtime and should be paid as time and a half. Nannies are not salary workers therefore should always be paid for extra hours. It is important to know the laws in your state to be sure that you are not being taken advantage of.