Unpaid wages, minimum wage and retaliation

[pandasan]

I worked as a live-in nanny for five months. The agreement was that for 20 hours of childcare a week (3:30 – 7:30, Monday to Friday) I would have free room and board + a stipend of $300 per month. For any childcare outside these hours, I was to be paid $10/hr. I ended up watching the kids for ~41 hours a week and was paid $300 +stipend. Another month I watched them ~55 hours a week and was paid $540 + stipend. Not what we agreed upon.

They paid me correctly for one month then only paid me $3.57/hr for two months and $3.86/hr for the last two months

When I inquired about it they told me that they were paying me a daycare fee of $60 a week and that was the end of the conversation. I was scared to say anything because I had nowhere else to go. When I finally did say something about them docking my pay, they fired me (this was during my vacation time).

We had a contract that we went by, but it was never signed. I have emails from them stating how much I was to be paid, the fact that they didn't pay me and that they docked my last paycheck because their daughters hair got wet when she went swimming (I kid you not).

I want to sue them for unpaid wages, violation of minimum wage laws and possibly retaliation for firing me when I asked for my full paycheck. Can I? Do I have a legal leg to stand on? If so, do I take them to small claims or go to the Department of Labor? I cannot afford a lawyer, so unless I obtain free legal aid, (I'm looking into it) I'm Pro se.

 

[army judge]

Anyone is always free to go to small claims court.

But, before you make bigger problems for them (and maybe you), did they take taxes and social security out of your wages?

You also need to know, that under your arrangement, taxes and social security shoukd have been deducted against the fair market value of your room and board.

Having no signed agreement, could be a problem.

It might also be a blessing.

Prevailing in small claims is easier than collecting on a judgment.

You do know that you won't walk out of court with a check, right? You'll come away with (if you prevail) a judgment.

Talking to the labor board may be your first best option.

You'll learn a lot about your case, if you have one, they'll collect your wages for free!!!!

 

[pandasan]

Wow. Thanks for the prompt reply. Taxes were supposed to be taken out, but as they handled all of that, I'm not sure what they did or didn't do. I know I'm supposed to be receiving a w-2 from them at the end of the year. I know if I win I'll only be walking away with a judgment. I'm sure they'll do anything within their power to delay or not pay me. I'm hoping to see someone from the Wage and Hour Division of the Department of Employment Services next week. Thanks again!