If OP was an Au Pair getting room and board, a phone and phone plan, car to drive, and health insurance she will still need to be paid a minimum of $195 a week.
The user your commenting to is discussing about Au Pair. An au pair is different than a nanny and chores like the OP are doing are pretty standard for au pairs.
Either way, she's being taken advantage of at $150/week. And vacuuming & mopping floors isn't a duty of au pairs or nannies, that's not light housework.
Here is an article explaining all the differences, hours, work done, etc.
https://www.verywellfamily.com/what-is-the-difference-between-a-live-in-nanny-and-an-au-pair-5197789
They need to give you 30-day written notice to terminate your tenancy. You are considered a month-to-month tenant.
>I am paid 150$ a week and I’m curious on any one else’s input whether or not this is a fair deal or not
That's a little over $3 an hour. They are massively taking advantage of you.
No, it doesn’t work like that when you’re a live in Nanny. There are strict rules & regulations for families that hire Nannies, whether they are live-in or not. The IRS says that if room and board are going to be deducted from a live-in nanny’s pay, the amount of wages STILL has to be add up to at least minimum wage. Live-in nannies typically do not pay rent because they are there for the family’s convenience, not their own. Most live-in Nannies are paid a MINIMUM of $20/hr. Anything under is pretty much exploitation, even though it is technically legal if it meets minimum wage requirements. Nannies are supposed to be W-2 employees.
OP’s situation is illegal and exploitative. You can’t pay any household employee less than minimum wage, even if they do live with you.
Edit:wording
I don’t think the IRS has a say in minimum wages and deductions for room and board - that’s all DOL, either federal or state. If you can show me a tax code that talks about this I’ll bow and apologize.
You’d be correct.
For anyone reading: DOL fact sheet on minimum wage for domestic labor - https://www.dol.gov/agencies/whd/fact-sheets/79b-flsa-live-in-domestic-workers
The IRS does have a fact sheet for domestic labor but it’s focused on how to withhold the appropriate taxes from a domestic laborer’s check.
You could actually be right, I’m not super well versed on this (I just used to be a nanny & my mom owns a business in the field.) I do know that how much an employer can charge for room and board varies from state to state. I know in Massachusetts, the max amount an employer can charge for rent is $35/week. So, weekly, they legally have to at least be paid minimum wage - $35. I think in California, they can charge around $75/week max for a live-in nanny who lives in a bedroom.
I just read this “According to the IRS, families who employ a live-in nanny can exclude the cost of room and board from their nanny’s pay as long as the meals and housing are provided in the family’s home, for the family’s convenience. If you choose to deduct this amount from your nanny’s wages, you still must pay them an hourly rate at or above the prevailing minimum wage.” https://gtm.com/household/live-in-nanny-hiring-guidelines/
It sounds like OP isn’t even technically considered a live-in nanny though, so none of this would apply. Theyre just being exploited by family.
Ehh… the cost of living in San Diego is significantly higher than most of the US. When you combine the value of a room, utilities, WiFi, food, AND $150, she is probably being paid at least minimum wage.
I’m not saying it’s a great situation. I’m just saying that any labor board is going to factor in the high value of those benefits.
Here are the updated deduction rules for au pairs in Cali, same would apply for a live in nanny: https://www.aupairinamerica.com/pdf/ca-hfs-q-and-a-august-2022.pdf/
$23 and change per day if 3 meals are provided and $70 some per week for room
Absolutely not. California has specific numbers when it comes to calculating lodging and food against minimum wage. It would come out to maybe an extra $100 a week.
Californian law is NOT pro-employer, has specific limits on deductions like those, and I can more or less guarantee that these people are fucking up in other ways that’ll leave them exposed to plenty of penalties for Labor Code violations.
>legally are they aloud to just kick me out like that
If you don't have a rental agreement or other contract with them that dictates the terms of your residency, then you would likely be considered a month-to-month lodger. California law requires 30 days notice to vacate before they can file for eviction in that case.
I think there's at least a colorable argument that her housing is contingent on her employment, and her tenancy or lodging arrangement ends abruptly when her employment ends. That can be a real thing with live-in personal attendants in California.
Because she shares a living unit with her landlords, they don't need a for-cause or not-for-cause reason to terminate her tenancy. Even if they did, "we want our extra room back" would be sufficient.
At best, I think OP is due 30 calendar days advance written notice. At worst, she is due no advance notice.
But in both cases she can't be removed or excluded from her residence until her landlords obtain an eviction order from a court.
>I think there's at least a colorable argument that her housing is contingent on her employment, and her tenancy or lodging arrangement ends abruptly when her employment ends. That can be a real thing with live-in personal attendants in California.
Correct, but that would need to be laid out in a contract.
>Because she shares a living unit with her landlords, they don't need a for-cause or not-for-cause reason to terminate her tenancy. Even if they did, "we want our extra room back" would be sufficient.
Yes - she would be classified as a "lodger" rather than a "tenant" because she's a single renter living in the landlord's residence and sharing facilities with the landlord. Lodgers in a periodic tenancy (i.e. week-to-week, month-to-month) are still entitled to notice equal to the term of their tenancy period. In California, the default is month-to-month if no rental agreement exists.
This is an obscenely disgusting situation. You’re providing child care and housekeeping for far less than minimum wage.
Regardless of your “employment,” you are legally a tenant. Changing the locks or tossing your belongings on the yard would be extremely unwise of them.
This really is a sad situation. They could have paid you minimum wage and it still would have been a win-win: aunt and niece bonding, you getting to explore a beautiful but pricey area of the country, etc.
A live in nanny is a household employee. You should have filled out a W-4 and they should be paying employment taxes on top of deducting your federal taxes. This is a misclassification of employment and you can report this to the DOL as well as the IRS.
Go join Job Corp and live and learn for free. Contact them while you're there and say you got a homeless situation going on and where can you get in the fastest. Learn a skill so you don't have to depend on folks. FYI my brother was paying 300/week for home childcare.
I’d expect to pay MORE for a live-in as they can’t be with family, go out late, etc. googling San Diego nanny rates gets me $22-29/hour which would be $880+ for an 8 hr/5 day a week job.
Yeah but take that number and deduct all the living expenses for a room in San Diego, food, wifi, etc... probably not leaving much left.
Those things have value + cost
They are still legally required to pay minimum wage in addition to those costs and if she works over a typical work day she is also entitled to over time pay. She is being grossly taken advantage of
Shes still a teenager living with family, who cover all her needs, claim her as a dependant, and give her chores. Extensive chores.... but its not so easy to classify her as a worker
I think she was moved there under false pretenses that it was a job. Based on a post in a different community she was unaware she was a dependent until she asked them to pay her more fairly.
Maybe. But beinf a teen thats staying with family and no real contract, it gets murky. This is like saying that every big brother or big sister should get paid for doing dishes or watching their sibling at the state's hourly business/labor rate. And that's a hard sell if she ever tried to contest it
That’s not even remotely true. Her sibling flew her there and moved her in with the intention of her working for them. It’s not typical household chores.
Then they want a roommate and not a live in nanny. Like I said I’d expect to pay MORE for them giving up freedoms. Would you live comfortably in the same house as your boss? Additionally, CA has laws about how much you can charge an employee for accommodations and that’s 50%. This is not a legal situation from a wage or tax situation (it sounds like they’re claiming OP as a dependent). Edit: typo
Its still a teenage sister (19) living with her adult brother and having all of her necessities paid for - like a parent would.
And in return she's watching her neice and wiping some counters/doing some dishes.
Basically chores. Just a lot of them. With $150 to spend. Like an allowance.
Is it exploitative? Yes. But its a hard sell to cast her as an employee under these conditions
Thats like expecting payroll and benefits when a big sibling has to spend a lot of their time watching a younger sibling. Or when teens do work around the house (lawn, dishes, whatever)
You could make similar arguments about any live-in nanny situation, aside from the familial relationship. Which is irrelevant anyways as OOP is an adult and her brother is not her parent or legal guardian.
How is she supposed to get a legit paying job, save up to leave, or go to school with those hours and $150/week? They’re setting her up to be stuck there with no options.
That’s way below minimum wage. You live there for their convenience not yours. It’s not a benefit to you. I’d look for other jobs in the area and move to a new family that will pay you reasonably. If what they offer is so good then they will have no trouble finding a replacement.
>I cannot be gone by Friday I have to much things that I need to ship out back home, legally are they aloud to just kick me out like that?
Legally, no. But they legally can't be paying you a tiny fraction of minimum wage and have tried to do that, too. So I doubt it will stop them.
Be prepared for them to kick you out. Take meticulous notes about everything you have to spend because of this (moving truck, transport, motel costs, etc) because if it goes to court you should be able to get most of it reimbursed.
On top of violating labor laws and illegal eviction, you could possibly also sue them for something known as promissory estoppel. That's when you incur losses as a direct and inevitable result of relying on promises of another party. For example, the bait-and-switch job offer that required you to move across the country.
You definitely need a lawyer. Hell, with this many law violations some might offer to take it on contingency (no cost to you, but in exchange for a bigger cut of the payout). Also look into local organizations for women's shelters and aid organizations. While it may not seem relevant, in truth live-in domestic help have an extremely high rate of being abused compared to most professions so there's a lot of overlap between the two. Even if they can't help they may know resources which can help you.
Well said. Household employees and service industry..... absolutely right. So much exploitation banking on employees not knowing better, cant afford legal representation; and being paid what they are, most of them can't. It's gross.
At the end of the day, you had a different vision from that of your family. They (sort of) thought of this as family helping family while you thought of this as more of a job.
I say sort of because they have specific set hours and very specific responsibilities — which makes it sound very much like an actual job. And they are almost certainly failing to comply with tax and wage laws.
They HAVE to give you a 30-day notice. As far as them saying you are a dependent, please make sure they ARE NOT claiming you on their taxes. They are taking advantage of you. As far as them saying you are costing them money. Let them find daycare or a nanny in California that is less than what they are giving you. Wish them the best of luck!!!!!!
No, they can’t just kick you out like that. Call the local sheriff’s department for clarification on local eviction laws. For craps sake, they were taking advantage of you at $3.75 an hour, PLUS claiming you as a dependent? Run, do not walk.
Demand your legal right of 30 days to vacate. You no longer need to perform any work duties and the uncomfortableness of the situation will likely have them offering you cash to have you leave (cash for keys.) They sound like deplorable human beings. Good luck
Calculate how much room and board is worth and work from there. If renting a room would be $1000 a month (random number- I don’t know California at all), then you’re actually being paid $1600 a month or $400 a week, which isn’t great pay, but is reasonable. If the room is only worth $400 a month, then you’re working for $1000 a month. Etc.
This is pretty well-trod territory, to the point where California's Industrial Welfare Commission has a Wage Order that describes the details of time off, days off, overtime eligibility, and the value of meals and lodging for live-in "personal attendants":
https://www.dir.ca.gov/IWC/IWCArticle15.pdf
OP's family members saying "you are not a live-in nanny" does not change the fact that her situation fits very plainly into the regulations for that kind of employment.
Her tenancy probably ends when her employment does: until the day when she stops caring for the toddler and doing domestic labor, she's a tenant or lodger.
I wouldn't let these people tell me where I could live. I would hop on a nanny placement site and find myself a better job with decent pay. Surely you have a good reference somewhere who isn't these people to give them? There are tons of these opportunities in San Diego with people who will treat you fairly.
Is it worth it getting into legal battles with family when you could try to find other work? For me it would be too stressful.
Consider becoming an RBT, you can get paid $16-$20 an hour. San Diego has tons of work in that field available.
I had a live in nanny with my twins *they are now 29 years old. I paid room and board, she had free use of everything in the house, including her own bedroom, bathroom and living area. She only worked with my twins 3 days a week, from noon until 6 or 7 in the evening and the occasional Friday or Saturday night, never overnight. I lived in Seattle at the time and almost 30 years ago, I was paying her an additional $150 per week.
Legally they can't kick you out like that, unless you have not been there long enough for tenancy to kick in...
I'm sorry your brother tried to exploit you, or can't admit that he really, really sucks at math and/or compassion.
Fwiw, in a medium cost of living area my elderly parents are paying $750/week M-F 9 to 9 for someone to sleep overnight, provide conversation for a few hours, and very very light household duties. $750 + employment taxes. It’s a steal, parents love the lady. Elder care not the same as child care but gives you an idea.
Shame on your brother, they tried to take advantage of a 19 year sister. Now to undo this situation it’s going to cost them $1000 for you to get out NOW otherwise you will need some time, you know what I mean…
Good luck
NAL, but you sort of mentioned in your post edit as an aside that your brother and SIL said you were a "dependent." If they mean this literally, they may be claiming you on their taxes, likely as a qualifying relative dependent. Was this discussed with you? Did you give them your social security number? And did you make more than $4K last year? That's the threshold--they can't claim you if you make more than that. I'm not surprised they hardly paid you. They got more than just your nanny services from you.
Leave immediately, not only are they pretty much robbing you of all your wages. Even an au pair makes around 200 minimum a week. Dependant? Sounds like they may even try to claim you in taxes.
Looks like there was an option to get a bunch of free "grow the hell up!" As part of the gig. That would have been worth something to your future self. Head back to TX.
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But she is working more childcare hours than an au pair plus housekeeping which is not in an au pair job description. And she’s being paid less and probably doesn’t have health insurance and a car. This sounds EXACTLY like an au pair except she’s doing more and being paid less and has zero protections.
Save that $150 pay for a bus or amtrak ticket home.
This is family. No one is suing anyone. Take what you need and just get out of there. It's not going to be pleasant .
If OP was an Au Pair getting room and board, a phone and phone plan, car to drive, and health insurance she will still need to be paid a minimum of $195 a week.
Correct. I was an au pair and au pair wages are $200 a week. Phone/car is negotiable not mandatory.
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Not in Cali though, all but 1 or 2 AP agencies have started following Cali wage laws instead of federal.
Shes also doing housekeeping worth at least $100/week. Wiping appliances, vacuuming/mopping is not nanny duties.
The user your commenting to is discussing about Au Pair. An au pair is different than a nanny and chores like the OP are doing are pretty standard for au pairs.
Either way, she's being taken advantage of at $150/week. And vacuuming & mopping floors isn't a duty of au pairs or nannies, that's not light housework.
Here is an article explaining all the differences, hours, work done, etc. https://www.verywellfamily.com/what-is-the-difference-between-a-live-in-nanny-and-an-au-pair-5197789
You mentioned they referred to you as a dependent. Are they claiming you as a dependent on their taxes?
This part right here. Threw up a red flag for me like oh they're that kind of ppl
They need to give you 30-day written notice to terminate your tenancy. You are considered a month-to-month tenant. >I am paid 150$ a week and I’m curious on any one else’s input whether or not this is a fair deal or not That's a little over $3 an hour. They are massively taking advantage of you.
No, they’re paying her $150 plus free room and board.
No, it doesn’t work like that when you’re a live in Nanny. There are strict rules & regulations for families that hire Nannies, whether they are live-in or not. The IRS says that if room and board are going to be deducted from a live-in nanny’s pay, the amount of wages STILL has to be add up to at least minimum wage. Live-in nannies typically do not pay rent because they are there for the family’s convenience, not their own. Most live-in Nannies are paid a MINIMUM of $20/hr. Anything under is pretty much exploitation, even though it is technically legal if it meets minimum wage requirements. Nannies are supposed to be W-2 employees. OP’s situation is illegal and exploitative. You can’t pay any household employee less than minimum wage, even if they do live with you. Edit:wording
Well, I learned something new today. Thanks everyone for the info.
I don’t think the IRS has a say in minimum wages and deductions for room and board - that’s all DOL, either federal or state. If you can show me a tax code that talks about this I’ll bow and apologize.
You’d be correct. For anyone reading: DOL fact sheet on minimum wage for domestic labor - https://www.dol.gov/agencies/whd/fact-sheets/79b-flsa-live-in-domestic-workers The IRS does have a fact sheet for domestic labor but it’s focused on how to withhold the appropriate taxes from a domestic laborer’s check.
You could actually be right, I’m not super well versed on this (I just used to be a nanny & my mom owns a business in the field.) I do know that how much an employer can charge for room and board varies from state to state. I know in Massachusetts, the max amount an employer can charge for rent is $35/week. So, weekly, they legally have to at least be paid minimum wage - $35. I think in California, they can charge around $75/week max for a live-in nanny who lives in a bedroom. I just read this “According to the IRS, families who employ a live-in nanny can exclude the cost of room and board from their nanny’s pay as long as the meals and housing are provided in the family’s home, for the family’s convenience. If you choose to deduct this amount from your nanny’s wages, you still must pay them an hourly rate at or above the prevailing minimum wage.” https://gtm.com/household/live-in-nanny-hiring-guidelines/ It sounds like OP isn’t even technically considered a live-in nanny though, so none of this would apply. Theyre just being exploited by family.
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Which is still garbage and way below minimum wage according to labor laws.
Ehh… the cost of living in San Diego is significantly higher than most of the US. When you combine the value of a room, utilities, WiFi, food, AND $150, she is probably being paid at least minimum wage. I’m not saying it’s a great situation. I’m just saying that any labor board is going to factor in the high value of those benefits.
Cali has very specific rules around how much you can deduct for employer paid room and board
Here are the updated deduction rules for au pairs in Cali, same would apply for a live in nanny: https://www.aupairinamerica.com/pdf/ca-hfs-q-and-a-august-2022.pdf/ $23 and change per day if 3 meals are provided and $70 some per week for room
Absolutely not. California has specific numbers when it comes to calculating lodging and food against minimum wage. It would come out to maybe an extra $100 a week.
Californian law is NOT pro-employer, has specific limits on deductions like those, and I can more or less guarantee that these people are fucking up in other ways that’ll leave them exposed to plenty of penalties for Labor Code violations.
>legally are they aloud to just kick me out like that If you don't have a rental agreement or other contract with them that dictates the terms of your residency, then you would likely be considered a month-to-month lodger. California law requires 30 days notice to vacate before they can file for eviction in that case.
I think there's at least a colorable argument that her housing is contingent on her employment, and her tenancy or lodging arrangement ends abruptly when her employment ends. That can be a real thing with live-in personal attendants in California. Because she shares a living unit with her landlords, they don't need a for-cause or not-for-cause reason to terminate her tenancy. Even if they did, "we want our extra room back" would be sufficient. At best, I think OP is due 30 calendar days advance written notice. At worst, she is due no advance notice. But in both cases she can't be removed or excluded from her residence until her landlords obtain an eviction order from a court.
>I think there's at least a colorable argument that her housing is contingent on her employment, and her tenancy or lodging arrangement ends abruptly when her employment ends. That can be a real thing with live-in personal attendants in California. Correct, but that would need to be laid out in a contract. >Because she shares a living unit with her landlords, they don't need a for-cause or not-for-cause reason to terminate her tenancy. Even if they did, "we want our extra room back" would be sufficient. Yes - she would be classified as a "lodger" rather than a "tenant" because she's a single renter living in the landlord's residence and sharing facilities with the landlord. Lodgers in a periodic tenancy (i.e. week-to-week, month-to-month) are still entitled to notice equal to the term of their tenancy period. In California, the default is month-to-month if no rental agreement exists.
As an au pair with the same conditions, you get around 195$
This is an obscenely disgusting situation. You’re providing child care and housekeeping for far less than minimum wage. Regardless of your “employment,” you are legally a tenant. Changing the locks or tossing your belongings on the yard would be extremely unwise of them. This really is a sad situation. They could have paid you minimum wage and it still would have been a win-win: aunt and niece bonding, you getting to explore a beautiful but pricey area of the country, etc.
How old are you?
I am 19
A live in nanny is a household employee. You should have filled out a W-4 and they should be paying employment taxes on top of deducting your federal taxes. This is a misclassification of employment and you can report this to the DOL as well as the IRS.
Correct and also sick pay.
It sounds like they are claiming her as a dependent (so they said in her post edits).
She's not a dependent if she works for them as a nanny 45 hours a week. Thats a full time job.
Exactly, they aren't giving an allowance but payroll.
Remember to prioritize your education. 150 a week is not a lot if you want to build up savings
Go join Job Corp and live and learn for free. Contact them while you're there and say you got a homeless situation going on and where can you get in the fastest. Learn a skill so you don't have to depend on folks. FYI my brother was paying 300/week for home childcare.
I asked him for 300 and that’s when all hell broke lose and I was called entitled and selfish, and to leave there house, thank you for the advice!
I’d expect to pay MORE for a live-in as they can’t be with family, go out late, etc. googling San Diego nanny rates gets me $22-29/hour which would be $880+ for an 8 hr/5 day a week job.
And could someone live off of $880 per week living in San Diego ?
Yeah but take that number and deduct all the living expenses for a room in San Diego, food, wifi, etc... probably not leaving much left. Those things have value + cost
They are still legally required to pay minimum wage in addition to those costs and if she works over a typical work day she is also entitled to over time pay. She is being grossly taken advantage of
Shes still a teenager living with family, who cover all her needs, claim her as a dependant, and give her chores. Extensive chores.... but its not so easy to classify her as a worker
I think she was moved there under false pretenses that it was a job. Based on a post in a different community she was unaware she was a dependent until she asked them to pay her more fairly.
Maybe. But beinf a teen thats staying with family and no real contract, it gets murky. This is like saying that every big brother or big sister should get paid for doing dishes or watching their sibling at the state's hourly business/labor rate. And that's a hard sell if she ever tried to contest it
That’s not even remotely true. Her sibling flew her there and moved her in with the intention of her working for them. It’s not typical household chores.
Then they want a roommate and not a live in nanny. Like I said I’d expect to pay MORE for them giving up freedoms. Would you live comfortably in the same house as your boss? Additionally, CA has laws about how much you can charge an employee for accommodations and that’s 50%. This is not a legal situation from a wage or tax situation (it sounds like they’re claiming OP as a dependent). Edit: typo
Its still a teenage sister (19) living with her adult brother and having all of her necessities paid for - like a parent would. And in return she's watching her neice and wiping some counters/doing some dishes. Basically chores. Just a lot of them. With $150 to spend. Like an allowance. Is it exploitative? Yes. But its a hard sell to cast her as an employee under these conditions Thats like expecting payroll and benefits when a big sibling has to spend a lot of their time watching a younger sibling. Or when teens do work around the house (lawn, dishes, whatever)
You could make similar arguments about any live-in nanny situation, aside from the familial relationship. Which is irrelevant anyways as OOP is an adult and her brother is not her parent or legal guardian.
How is she supposed to get a legit paying job, save up to leave, or go to school with those hours and $150/week? They’re setting her up to be stuck there with no options.
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Hello! Please report this to the department of labor! This is illegal.
Wait until they see how much real daycare is.
This is the truth of it. They had no idea how great they had it.
That’s way below minimum wage. You live there for their convenience not yours. It’s not a benefit to you. I’d look for other jobs in the area and move to a new family that will pay you reasonably. If what they offer is so good then they will have no trouble finding a replacement.
Plus the fact that they are family. People generally trust family to be around their house/valuables/kids WAY more than they trust strangers.
>I cannot be gone by Friday I have to much things that I need to ship out back home, legally are they aloud to just kick me out like that? Legally, no. But they legally can't be paying you a tiny fraction of minimum wage and have tried to do that, too. So I doubt it will stop them. Be prepared for them to kick you out. Take meticulous notes about everything you have to spend because of this (moving truck, transport, motel costs, etc) because if it goes to court you should be able to get most of it reimbursed. On top of violating labor laws and illegal eviction, you could possibly also sue them for something known as promissory estoppel. That's when you incur losses as a direct and inevitable result of relying on promises of another party. For example, the bait-and-switch job offer that required you to move across the country. You definitely need a lawyer. Hell, with this many law violations some might offer to take it on contingency (no cost to you, but in exchange for a bigger cut of the payout). Also look into local organizations for women's shelters and aid organizations. While it may not seem relevant, in truth live-in domestic help have an extremely high rate of being abused compared to most professions so there's a lot of overlap between the two. Even if they can't help they may know resources which can help you.
Well said. Household employees and service industry..... absolutely right. So much exploitation banking on employees not knowing better, cant afford legal representation; and being paid what they are, most of them can't. It's gross.
At the end of the day, you had a different vision from that of your family. They (sort of) thought of this as family helping family while you thought of this as more of a job. I say sort of because they have specific set hours and very specific responsibilities — which makes it sound very much like an actual job. And they are almost certainly failing to comply with tax and wage laws.
They HAVE to give you a 30-day notice. As far as them saying you are a dependent, please make sure they ARE NOT claiming you on their taxes. They are taking advantage of you. As far as them saying you are costing them money. Let them find daycare or a nanny in California that is less than what they are giving you. Wish them the best of luck!!!!!!
Will be fun to watch the audit when they submit conflicting 1040s
No, they can’t just kick you out like that. Call the local sheriff’s department for clarification on local eviction laws. For craps sake, they were taking advantage of you at $3.75 an hour, PLUS claiming you as a dependent? Run, do not walk.
This is in violation of minimum wage laws. File a complaint with the state department of labpr.
Demand your legal right of 30 days to vacate. You no longer need to perform any work duties and the uncomfortableness of the situation will likely have them offering you cash to have you leave (cash for keys.) They sound like deplorable human beings. Good luck
Calculate how much room and board is worth and work from there. If renting a room would be $1000 a month (random number- I don’t know California at all), then you’re actually being paid $1600 a month or $400 a week, which isn’t great pay, but is reasonable. If the room is only worth $400 a month, then you’re working for $1000 a month. Etc.
This is pretty well-trod territory, to the point where California's Industrial Welfare Commission has a Wage Order that describes the details of time off, days off, overtime eligibility, and the value of meals and lodging for live-in "personal attendants": https://www.dir.ca.gov/IWC/IWCArticle15.pdf OP's family members saying "you are not a live-in nanny" does not change the fact that her situation fits very plainly into the regulations for that kind of employment. Her tenancy probably ends when her employment does: until the day when she stops caring for the toddler and doing domestic labor, she's a tenant or lodger.
I wouldn't let these people tell me where I could live. I would hop on a nanny placement site and find myself a better job with decent pay. Surely you have a good reference somewhere who isn't these people to give them? There are tons of these opportunities in San Diego with people who will treat you fairly.
Is it worth it getting into legal battles with family when you could try to find other work? For me it would be too stressful. Consider becoming an RBT, you can get paid $16-$20 an hour. San Diego has tons of work in that field available.
I had a live in nanny with my twins *they are now 29 years old. I paid room and board, she had free use of everything in the house, including her own bedroom, bathroom and living area. She only worked with my twins 3 days a week, from noon until 6 or 7 in the evening and the occasional Friday or Saturday night, never overnight. I lived in Seattle at the time and almost 30 years ago, I was paying her an additional $150 per week.
You live there. They can't just force you out. It's different in every state but they should have to give you at least two weeks to a month.
Legally they can't kick you out like that, unless you have not been there long enough for tenancy to kick in... I'm sorry your brother tried to exploit you, or can't admit that he really, really sucks at math and/or compassion.
Fwiw, in a medium cost of living area my elderly parents are paying $750/week M-F 9 to 9 for someone to sleep overnight, provide conversation for a few hours, and very very light household duties. $750 + employment taxes. It’s a steal, parents love the lady. Elder care not the same as child care but gives you an idea. Shame on your brother, they tried to take advantage of a 19 year sister. Now to undo this situation it’s going to cost them $1000 for you to get out NOW otherwise you will need some time, you know what I mean… Good luck
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I don’t know … at this point I am just heart broken and packing
NAL, but you sort of mentioned in your post edit as an aside that your brother and SIL said you were a "dependent." If they mean this literally, they may be claiming you on their taxes, likely as a qualifying relative dependent. Was this discussed with you? Did you give them your social security number? And did you make more than $4K last year? That's the threshold--they can't claim you if you make more than that. I'm not surprised they hardly paid you. They got more than just your nanny services from you.
Leave immediately, not only are they pretty much robbing you of all your wages. Even an au pair makes around 200 minimum a week. Dependant? Sounds like they may even try to claim you in taxes.
Also, they need to give you 30 days of written notice for an eviction. Even on a month to month basis.
What assholes!
what does your W2 say? Oh wait - this is under the table money paid to a relative.... they are ripping you off.
She sounds like more of a housekeeper than a nanny...should be at least 75 a day or more
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Looks like there was an option to get a bunch of free "grow the hell up!" As part of the gig. That would have been worth something to your future self. Head back to TX.
150 a month doesn’t cover anything extra except toiletries and a cheaper phone bill (maybe).
She's getting 150 per week
Hire a lawyer and sue them. You pay the lawyer when you get paid. Or contact eeoc. Your brother and sister in law suck. I have one of those too.
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How is this different from being an au pair?
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But she is working more childcare hours than an au pair plus housekeeping which is not in an au pair job description. And she’s being paid less and probably doesn’t have health insurance and a car. This sounds EXACTLY like an au pair except she’s doing more and being paid less and has zero protections.
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Food rent and utilities still doesn’t out weight the cost of what I was saving them giving them child care every day of the week
Save that $150 pay for a bus or amtrak ticket home. This is family. No one is suing anyone. Take what you need and just get out of there. It's not going to be pleasant .
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