Monday, March 24, 2008
Nanny Sues Former Employer: Claims Fair Labor Standards Act Violations
(Atherton CA) Sakhawat and Roomy Khan's former live in nanny and maid, Vilma Serralta, is suing her former employers, claiming that the Khan's paid her $250 for an 84 hour work week, in violation of both California and Federal minimum wage and overtime statues. Ms. Serralta further claims that she did not receive Wage Statments (Forms W-2) as required by law. The suit will approach $120,000 according tom Ms. Serralta's attorney, Christina Chung.
Nannies and other domestic workers are specifically covered by the Fair Labor Standards Act (FLSA) which provides regulations for both minimum wage and overtime treatment of non-exempt employees.
Ms. Serralta initially made a wage claim through the California Division of Labor Standards Enforcement in August 2007. This is the typical route an employee will take to recoup unpaid wages. Lawyers at the Division of Labor Standards Enforcement began negotiating a settlement with the Khans' attorney. On Feb. 12, 2008 the Khans gave notice that they were ending the settlement discussions, according to the complaint. Serralta, with legal support from the Legal Aid Society-Employment Law Center decided to sue.
In California, domestic employees may not work more than 12 hours in a day and may not be required to work more than 5 days per week. Such rules will vary among states. Both state and federal law requires the payment of minimum wage. State and federal labor laws apply to all workers, regardless of legal work status.
Ms. Serralta's case has become a cause célebrè of the San Francisco-based Workers' Advocacy Project, which claims to have opened 125 such cases in 2007. They staged a protest on Thursday March 13 in front of the Khan's $17 million dollar Atherton residence which attracted local media and television cameras in their attempts to publicize the case and make other domestics aware of their rights and the resources that exist to help them.
Nannies and other domestic workers are specifically covered by the Fair Labor Standards Act (FLSA) which provides regulations for both minimum wage and overtime treatment of non-exempt employees.
Ms. Serralta initially made a wage claim through the California Division of Labor Standards Enforcement in August 2007. This is the typical route an employee will take to recoup unpaid wages. Lawyers at the Division of Labor Standards Enforcement began negotiating a settlement with the Khans' attorney. On Feb. 12, 2008 the Khans gave notice that they were ending the settlement discussions, according to the complaint. Serralta, with legal support from the Legal Aid Society-Employment Law Center decided to sue.
In California, domestic employees may not work more than 12 hours in a day and may not be required to work more than 5 days per week. Such rules will vary among states. Both state and federal law requires the payment of minimum wage. State and federal labor laws apply to all workers, regardless of legal work status.
Ms. Serralta's case has become a cause célebrè of the San Francisco-based Workers' Advocacy Project, which claims to have opened 125 such cases in 2007. They staged a protest on Thursday March 13 in front of the Khan's $17 million dollar Atherton residence which attracted local media and television cameras in their attempts to publicize the case and make other domestics aware of their rights and the resources that exist to help them.
Labels: nanny minimum wage, nanny overtime pay, nanny sues employer
