Nannies Rights to Sue
Nannies are hired to look after the children of working parents, but for decades, the rights of nannies went largely disregarded by labor laws. These caregivers often belong to low-income groups, and they might be legal or illegal immigrants. When cases of abuse and wage discrimination came to light, legal thinkers and legislators took the problems of nannies seriously and gave them the right to sue under labor laws.
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Misconceptions
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Though nannies have rights like every other worker, most employers still harbor misconceptions that nannies do not have to be treated on par with other workers. Some employers hire illegal immigrants to evade labor and anti-abuse laws under the misconception that illegal immigrants can be victimized based on their illegal status. In some cases, employers have no abusive intent, but poor communication, the lack of a contract, the lack of training and lack of proper instructions results in disputes about wages and hours of work, giving rise to legal conflicts.
Functions
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Nannies are expected to look after children while their parents are at work. For the children, their duties include preparing nutritious meals, doing the laundry, bathing children, washing dishes and keeping the children's rooms clean. They are required to use their own cars or the car of the employer to transport the employer's children. Nannies are not required, however, to do the parents' household work.
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Laws
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Exploitation and abuse of nannies has resulted in legislation that looks after their welfare. Federal and state laws protect nannies who are U.S. citizens, and aliens with or without a work permit. Nannies come under the federal Fair Labor Standards Act (FLSA) and are entitled to a minimum wage. They can ask for overtime pay. Employers should submit annual wage and tax statements for nannies. If the employer makes deductions from the wage, they must be communicated to the employee. The workplace should be free from abuse. For alien nannies, the employer cannot withhold or keep identification documents such as their passports. The employer cannot retaliate if a nanny who is an illegal immigrant makes a complaint by seeking the deportation of the nanny. Nannies are entitled to worker's compensation in case of a workplace injury.
Considerations
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Before hiring a nanny, know the nanny's rights. This will avoid any unpleasantness during the employment period and ensure that the nanny will not need to sue for enforcing rights. Have a proper contract that is agreed upon by both parties. The agreement should give details of all the nanny's duties, the hourly wage and the overtime wage. A systematic payroll frequency of weekly or bi-weekly pay should be part of the contract. Other considerations: sick leave and automobile usage; a privacy clause expecting the nanny to respect the family's privacy; proper instructions of what they are expected to do around the house; and a list of emergency contact numbers.
Benefits
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The benefits of a contract with a nanny are that the employer works with the employee within legal boundaries. This is an essential part of worker-employer relationships in a country with a rule of law. This also ensures that nannies' rights are respected and there will be no false expectations, miscommunication or discord in the nanny-employer relationship.
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