JohnFrank2020
New Member
- Jurisdiction
- New York
We employed a nanny from Sept 19 to April 20. The Nanny resigned from the position 8 months ago and we have not heard from her. We have now received a letter 'for settlement purposes' where the nanny is claiming unpaid wages from both minimum wage and overtime in the amount of $4,000
We had a verbal agreement for payment (no contract) and we almost always paid the Nanny in cash at her request. The weekly payment varied because the hours varied. We were very accommodating to the Nanny: allowed the nanny to bring her daughter to our house so she could watch her and help her with remote learning, generous paid vacation, paid transportation as well as providing transportation ourselves, Christmas and birthday presents, extra pay for late hours. I could not tell you with certainty if the our payment always matched overtime requirements (x 1.5)
We feel as we are being extorted but I also do not know how vulnerable we are to the accusations as we did not keep employment records for hours or payment and this was an 'off the books' arrangement. To me this sets up as a he said/she said case but I want to know what we can expect if we do not comply, how vulnerable are we, and what is the best course of action.
We had a verbal agreement for payment (no contract) and we almost always paid the Nanny in cash at her request. The weekly payment varied because the hours varied. We were very accommodating to the Nanny: allowed the nanny to bring her daughter to our house so she could watch her and help her with remote learning, generous paid vacation, paid transportation as well as providing transportation ourselves, Christmas and birthday presents, extra pay for late hours. I could not tell you with certainty if the our payment always matched overtime requirements (x 1.5)
We feel as we are being extorted but I also do not know how vulnerable we are to the accusations as we did not keep employment records for hours or payment and this was an 'off the books' arrangement. To me this sets up as a he said/she said case but I want to know what we can expect if we do not comply, how vulnerable are we, and what is the best course of action.