The family who posted the "Bad Room" was a highly illegal posting. I copy and pasted the law and made a "RE:____" posting. I called them out on the wage posted, used a .gov site that had all the laws posted, and summarized it.
After my RE:post many caregivers e-mailed me thanking me for the laws they didn't know about. One told me how she just finished up a court case and won. I then got the e-mail from the OG family, upset, but they still fixed their post.
The new job is barely legal, a few labor laws with the wage are unanswered. The new wage of the job averages to about $10.12/hour and the going rate for a nanny in this area is $13-18/hour for a child.
My RE Posting:
The original poster is looking for a care provider to live in the home, rent free, while proving 25 hours a week of work. At the wage posted of $12/hour the room is said be be $1,200/month. Bellow I will break down how this is unacceptable from a very legal stand point. I do hope this family reads this and re-thinks the job they are posting. If this family is not smart enough to re-think their job posting, I hope the hire a caregiver who knows the law and has the guts to sue them for back wages.
The use of an employee's car is to be paid at 57.5 cents per mile, the original job requires the person to have their own car-- On average a nanny or child care provider will drive about 10 miles round trip with children in the car. The use of the car at minimum is $115/month(on average).
According to this web page: https://www.dir.ca.gov/t8/11040.html ; §11040. Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations, under line 10::
10. Meals and Lodging.
(A) "Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.
(B) "Lodging" means living accommodations available to the employee for full-time occupancy which are adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.
(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer's minimum wage obligation, the amounts so credited may not be more than the following:
Meals: Breakfast ($2.45) + Lunch ($3.35) + Dinner ( $4.50) = Daily $10.30, 7 days a week= $72.10, 28 days (1 month) = $288.40
Room: Occupied alone $31.75/week; aka $127/month.
Apartment: Apartment - two-thirds (2/3) of the ordinary rental value, and in no event more than $381.20/month.
In other words:
A.) Meals+Room= $415.40/month in value. Job should be paying an additional $784.60/month for 25 hours a week, at the base rate of $12/hour
B.) Meals+ Apartment = $669. 60/month in value. Job should be paying an additional $530.40/month for 25 hours a week, at the base rate of $12/hour.
C.) MILES and use of the employee's car NEEDS to be paid according to the IRS's mileage rate currently 57.5 cents per mile driven for the job.
I am a fairly reasonable person who is able to see the middle ground, if this was a private room with a private attached bathroom I could see if falling between the governments listing of Apartment/Room. Being reasonable, for such a private room I'd go as far to say an additional income of just $657.50 would be a fair compromise.
But lets really look at this job's posting. $12/hour for child care, meal prep, and house cleaning? House cleaners make $20-25/hour, and that is all they do. Personal chefs, also make a conservative amount averaging $20-25/hour (I am assuming this family wants the meal prep done for the parents, not just the children-- this is why I bring it up). Both House Cleaners and Personal Chefs however, do not usually work on an hourly rate but a flat rate biased on the job.
Nannies, with experience greater then 2 years with CPR certification and trust-line certified (all nannies should have at minimum both of these), make on average $13-18/hour for ONE child. I have been a nanny here for 10 years, I have been a live-in for 4 of those years, working 25 hours a week for JUST a room is unexceptionable and even for the rates I spelled out legally.
at 8:46 PM