Monday, June 20, 2011

Are You Paid for Every Hour Worked?

California Domestic Workers Bill of Rights and Time

We have been discussing the California Domestic Workers Bill of Rights (CDWBR). Click here to learn about why some people support the bill and some don't. Click here to see the pros and cons of paid sick days for nannies.

The CDWBR proclaims that workers have the right to report and to be compensated for the actual time that they work.

Also, the CDWBR hopes that nannies and other domestic workers will receive overtime pay of time-and-a-half after eight-hours of work in one workday, 40-hours in one work week, and double time after 12-hours in one workday. Therefore, nannies would have the right to report work time and collect overtime pay, rights that are not currently guaranteed.

PRO: This is the most basic of rights that must be enforced! It is easy to record work hours and be paid for hours actually worked. A mere 20-minutes of unpaid time per day, a common occurrence, equals more than two-weeks of uncompensated work time a year. Not being paid for overtime hours is a particularly common abuse, especially for live-in domestic workers.

CON: It is a given that being a nanny requires a flexible schedule due to the demands of the employer's job. Plus, a nanny has down time when babies nap or children sleep at night when she is not engaged in actual work.

Have the parents ever "forgotten" to pay you for some of your hours worked? Does this occur on a regular basis?


Michelle said...

Often not paid for because it's just a little bit here and there but they owe my thousands for that. I am typically paid Fri mornings. If the parents are late Fri night they never include that in the next week's pay.

Then, I have been coming in half hour early because I can't get everything done before school. I have to ask them for that 2.5 hrs more per week, but it's hard. I am doing it anyway they didn't choose it I did.

When you are a live in it's even worse because you can't be there and not help. You can't eat with the family and not do the dishes. You can't be in the house and not play with the kids. When playing with kids on a Sat or Sun the parent might just run out for a fast errand, but if I'm alone with the kids, I'm working....but never reimbursed for that sort of thing.

Anonymous said...

What about overnights? I had a boss that wouldn't pay me more for sleeping over when she and her boyfriend went on trips. From what I read here I should have been giving double time for working 24/7 those weeks they traveled. She'd only give me $50 per night saying I was sleeping. (I can't say my or her name).

Anonymous said...

It's very easy to get sucked into not getting paid or letting things slide as a nanny. We want to be nice and supportive. Especially the live in nannies.

There are a few things I have learned to say no or stand up for myself on over time. I try to sock a little money away for emergency funds if I need to leave a job. Or, always keep that resume and things current.

The other thing I have been fortunate with more recent bosses, is they ask me to document my hours!!!! :) Either on their paper calendars, and my own notebook. Or online at gmail calendars. The nice thing about the calendars is I can also add in when I need to be out the door or whatever for an evening event, etc.

Anonymous said...

I don't want to expose me or my boss but it happens a lot. It's hard to talk money. I have NEVER EVER received time and half or double time! Always just regular hrly for any extra hours.

I am a salaried employee so I get a lot of paid time off when they go away on vacations. So I feel intimidated to ask for half hour here, half hour there. I know I should but I don't know how to bring it up without sounding like I'm nit picking or selfish. Most salaried jobs people work overtime sometimes and I guess I just say to myself it's not too bad.

Any advice on how to bring up the topic?

Maria Lopez said...

I am salaried so I know the minimum I will make each week. But I'm always paid my hourly rate for extra hours. I don't charge Overtime rate of 1-1/2 or double time.

Anonymous said...

I've always worked 50-60 hour weeks as a nanny for 25 years. So should I make the parents lower my hourly rate in order to compensate for all the overtime? Or, should I see if they could afford time and a half for those 10 to 20 hours overtime per week! That's a lot of money! :)

Anonymous said...

Funny that no one is leaving their names today but I'm not going to either.

In the nature of nannying if the parents are super appreciative and pay well I think it's ok once in awhile to work without pay or without a time and half or double time rate. I think the legislation would help though so people know what they should do.

People will always be scoff laws and until nannies demand to be paid on the books no laws or regulations apply to them anyway.

That all said, I support this bill and it's long overdue.

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