Monday

Discuss - Groundbreaking Domestic Law

Monday, July 26, 2010

For anyone who hasn't heard, legislation was recently passed in New York. This new law will protect nannies, babysitters and those who care for the elderly, providing for basics such as protection from discrimination and abuse, overtime pay, and paid vacation. For the first time, domestic workers would have a set work week of 40 hours a week — 44 in the case of live-in workers—- and at least one day of rest a week.

24 comments:

Katlee85 said...

About time! Congratulations New York Nannies!

OR Mom said...

Good.

half empty said...

it's not going to happen. people will find a way around it. illegals will still be hired, perhaps even more so now.

LovingNanny said...

Why always hit on the illegals? I know more than enough American nannies working under the table for a low salary.
I don't think anything will change because of that law. I work 50 hours a week and will NOT ask for overtime pay after hitting 40 hours!

etereia said...

Way to go, New York! But I agree with LovingNanny that there are a lot of US citizens, who work under the table; it's not only the 'illegals.' And I really do not like this term - I have always thought that the two words "illegal" and "human" are mutually exclusive. I prefer the term 'undocumented.'

Fern said...

What about backpay and reparations for the nine years I spent working sixty hours a week with no overtime?

Nom de Plume said...

I imagine they said the same things about Unions and Child Labor Laws at one point in our past history. It has to start somewhere, and while it will do nothing to improve those of us who've worked in the industry for years, it will help those starting out.

nycmom said...

I think I said the same thing in a prior post, but I don't think this is going to result in an appreciable change. If we adhere to the law, it results in less benefits than most nannies get now. Plus, MLK is a required Holiday but Labor Day (or Memorial Day, I forget) isn't. This makes no sense to me.

Also, it is structure such that OT must be paid above 40hrs or 8 hrs a day. Realistically, very few working parents need that few hours. So most will simply lower the nanny's base pay to try to come out to a similar weekly wage. Then they will have an incentive to actually minimize OT and I think it may result in less overall pay.

Great idea in theory, but not sure it will help in practice.

Beantown Nanny said...

Excuse me, but whoever said I was unemployed? I recall in a previous post stating that the family I work for is moving and I was looking for another family. My current family has yet to move and I have already secured a new position so besides the vacation I am taking in between there will be no point that I am unemployed.

I may come off to you as egotistical but you know what they say about people who assume...

Beantown Nanny said...

Oops wrong thread. Its hard to post on a blackberry.

CS Nanny said...

Eteria, you are either legal in the US or illegal. That's it. And this law, I think, will actually hurt domestic workers than hurt them. I feel that employers are going to search out the cheapest care for the children, instead of hiring a qualified indiviual who demands a fair salary.

CS Nanny said...

Oops. I mean I think this law will hurt domestic workers rather than HELP (not hurt them, again!) them.

Phoenix said...

Why hit on the illegals....gee....umm..... they are ILLEGAL. And the Americans have the right to work under the table because they want to. They are accepting breaking the law and they will suffer the consequences when caught. The illegals are a disease. I hate what they did to the economy.

Illegal immigration is the big thing in my state right now. I welcome the new ordinace with open arms and am holding the door open for them to leave the state!

Woo hoo!!!! A bunch of great laws are passing! Hooray for the NY nannies.

etereia said...

CS Nanny, I am also against illegal immigration. What I meant was that these people are here illegaLLY (as in "no proper documentation"), but it just does not sound good to me to call a human being illegal...their actions are illegal, not themselves.

CuriousDad said...

While I laud that New York is trying to correct a problem. I do think that the nannies would have been better served by actual enforcement of the laws that were already on the books.

All this is, is a political salve that costs the government of New York a pittance compared to actual increasing the enforcement of the federal/state labor laws.

TC said...

I'm going to agree with ny mom

I work 10 hour days because the mom works outside the home (dad is a worthless pos) We live in the 'burbs and it takes her a good 45 min to get to work each day, if there isn't a wreck and 45 minutes home. If she works an 8 hour day how in the world could she make sure I only work 40 hours a week?

I don't complain about my hours because she allows me to run my personal errands while working and I get tons of time off because they go out of town a lot.

I do think we need some universal benefits and a REALISTIC overtime pay, like anything over 60 hours maybe

CS Nanny said...

So because the action of someone is killing, we cannot call that person a murderer, Etereia? That is ludicrous. The person is ILLEGAL if the person is not in the country LEGALLY. Their actions make them illegal. Now, if they stayed in their own country, that would make them legal.

etereia said...

Yes, good comparison...score.

another nanny said...

Well, the dictionary lists "illegal" as an adjective, so I guess we can say, "This person is illegal" but not "He's an illegal," nor "The illegals are coming!" To be fair, however, many people engage in actions that are illegal, but we don't generally label them as such. In fact the word as used in the above examples is meant to be pejorative towards immigrants.
More to the topic- it is a problem when they try to apply typical job constraints to the nanny field. Just as most nannies wouldn't be able to take a true (off the clock) 30 minute lunch break, neither is it realistic to expect a 40 hour work week. I also think part of the benefit (to both nannies and families) is that non-traditional aspect of the job that allows families to mold the nanny agreement to suit their unique needs. Nannies, in turn, need to be empowered to advocate for themselves and their needs in the negotiation process.

BURNT OUT NANNY said...

as a former NY legal on books nanny who was taken advantage of,this is good. some of these parents are discusting and I believe what goes around comes around!

Josef said...

word to the law.

LovingNanny, why would you not stand up for your rights and demand the pay due to you?

Phoenix, New York's law is overdue and cause for a "Hooray" but the racist, partially overturned law passed by the racist Arizonan legislature is horrendous, and anyone who likes it cannot possibly be a good human being.

Explain to me why capital should be able to flow all around the world, but labor does not have the same freedom?

CuriousDad said...
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CuriousDad said...
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CuriousDad said...

Josef,
So your comparison is incorrect I am afraid.

Capital flows all around the world within a legal framework of agreements between the countries involved. There are very few and rare countries that do NOT control the flow of Capital between their country and others.

In pretty much all Countries foreign capital is an ILLEGAL currency and cannot be used in normal day to day business transactions. Except in certain provided and carefully controlled circumstances. It must be Converted to a LEGAL currency within that Country.

Even here in the States, we have regulations that control the flow of capital not only of foreign origin but also of our own.

When you are in Texas you can pay for some things with Mexican Pesos but the store is converting your Pesos into Dollars for the transactions purpose. That store will pay taxes on fees in the Dollar amount that the transaction was done in, not in Pesos. The allowed conversion is legal. But the Transaction basis is in Dollars.


And an FYI, Labor IS a form of Capital. Labor is an economic exchange of "Work" for "Money or Goods". This is a transfer or conversion of "Capital". Even barter here within the US is supposed to be taxed on the value of the goods traded. Technically a nanny provided a car by the family who hired her, where the car is that nannies personal use. Taxes are suppose to be paid on it in the amount of the value of the car. Same with companies that pay for their employees housing, food and perks. The value of those perks are suppose to be taxed as part of their income. That said I am unsure how live in domestic workers fall into that interpretation for food and lodging. It may be because it is required by the company that it is not taxed. But you will have to go to an actual expert on domestic employment for that.

Countries control the flow of immigration due to the negative affects immigration has on their native population.
In this regard Foreign Illegally resident nannies, have a disparate impact in some areas of the country on a legally residents Nannies income. They increase the size of the labor pool and push down the average pay for Nannies in those areas. Since a larger majority of them compared to resident legal nannies work under the table pull tax dollars from the system, which means our government programs (Including enforcement of labor laws, that protect nannies) takes a hit.

I give you one HUGE glaring example of negative uncontrolled immigration on the resident countries population. European immigration into the New world allowed the present countries existence at the detriment to the prior countries existence. Look up how Hawaii became a state look how Mexico was actually formed. Australia, South America, North America, Africa, South East Asia and yes EVEN Europe has been affected by uncontrolled immigration of one sort or another.

P.S. the Arizona "Law" is not new it has been on the books for a fairly long time. The Arizona legislators just want it enforced, instead of languishing and being ignored. But that really does not have any real bearing on this discussion on this nanny subject.