Your nanny or housekeeper may feel like family but housekeepers and nannies the families that serve all the time, and these lawsuits can get far more expensive than other lawsuits brought by employees because of the number of hours involved. There are very specific rules as to how nannies and housekeepers are paid, and often they sue when their employers part ways with them, even after ten years, or more, in the home. Defending against lawsuits brought under the Fair Labor Standards Act (FLSA) I run into cases all the time when in which a nanny was with a family for twenty years, or more, and then shocks them with a lawsuit when she leaves.
You must pay some nannies and housekeepers overtime, and other nannies and housekeepers you do not need to pay overtime. A nanny or housekeeper must be paid minimum wage for all hours they work. However, which hours a live-in nanny or housekeeper must be paid is a question that strongly depends on what their duties are, and, physically, where they sleep. Furthermore, whether you can claim a credit for what you pay a nanny or housekeeper for room and board is a complex question of law that depends heavily on the circumstances. If you can take a credit towards what you pay your nanny or housekeeper, for room and board, the amount is a question of law that depends on numerous factors. The Fair Labor Standards Act (FLSA) has different regulations for live-in domestic employees than non-live in domestic employees. Contact Attorney Joshua Sheskin at the Broward County Headquarters of Lubell Rosen, at 954-880-9500 or JHS@LubellRosen.com, for help in paying your nanny or housekeeper in accordance with the law. – By Joshua H. Sheskin, Esq., 954-880-9500 – JHS@LubellRosen.com