关于保姆月嫂,研究联邦劳动法的结论 (转载)# NextGeneration - 我爱宝宝
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【 以下文字转载自 SanFrancisco 讨论区 】
发信人: CDN (mimi), 信区: SanFrancisco
标 题: 关于保姆月嫂,研究联邦劳动法的结论
发信站: BBS 未名空间站 (Thu Aug 14 23:13:23 2014, 美东)
一定要签合同保护自己
Persons employed in domestic service in private homes are covered by the
FLSA; they must be paid at least the federal minimum wage for all hours
worked and overtime pay at time and a half the regular rate of pay for all
hours worked over 40 in a workweek, unless they are subject to an exemption.
不住家的保姆,一周 40小时外要付1。5倍的加班费
Domestic service workers who reside in the employer's home and are employed
by an individual, family, or household are exempt from the overtime pay
requirement, although they must be paid at least the federal minimum wage
for all hours worked.
住家的,40小时以外也是1倍的工资,加州是最近改成1。5倍,好像还没有生效
住家的,缺省是认为睡觉时间也算工作时间,但是承认雇主和雇员之间任何合理的约定
,比如,不受打扰的睡觉休息时间不算工作时间。
When a live-in worker engages in typical private pursuits such as eating,
sleeping, entertaining, and other periods of complete freedom from all
duties, he or she does not have to be paid for that time. For a live-in
domestic service employee, such as a live-in home health aide or a nanny,
the employer and worker may agree to exclude the amount of time spent during
a bona fide meal period, sleep period, and off-duty time. If the meal
periods, sleep time, or other periods of free time are interrupted by a call
to duty, the interruption must be counted as hours worked. In these
circumstances, the Department will accept any reasonable agreement of the
parties, taking into consideration all of the pertinent facts. However, the
employer must still track and record all hours worked by domestic service
workers, including live-in employees, and the workers must be compensated
for all hours actually worked notwithstanding the existence of an agreement.
一定要记录每日,每周工作时间,因为任何实际的工作时间(实际上也就是出现纠纷时
雇员声称的实际工作时间)都可能被算成是要付钱的时间。
发信人: CDN (mimi), 信区: SanFrancisco
标 题: 关于保姆月嫂,研究联邦劳动法的结论
发信站: BBS 未名空间站 (Thu Aug 14 23:13:23 2014, 美东)
一定要签合同保护自己
Persons employed in domestic service in private homes are covered by the
FLSA; they must be paid at least the federal minimum wage for all hours
worked and overtime pay at time and a half the regular rate of pay for all
hours worked over 40 in a workweek, unless they are subject to an exemption.
不住家的保姆,一周 40小时外要付1。5倍的加班费
Domestic service workers who reside in the employer's home and are employed
by an individual, family, or household are exempt from the overtime pay
requirement, although they must be paid at least the federal minimum wage
for all hours worked.
住家的,40小时以外也是1倍的工资,加州是最近改成1。5倍,好像还没有生效
住家的,缺省是认为睡觉时间也算工作时间,但是承认雇主和雇员之间任何合理的约定
,比如,不受打扰的睡觉休息时间不算工作时间。
When a live-in worker engages in typical private pursuits such as eating,
sleeping, entertaining, and other periods of complete freedom from all
duties, he or she does not have to be paid for that time. For a live-in
domestic service employee, such as a live-in home health aide or a nanny,
the employer and worker may agree to exclude the amount of time spent during
a bona fide meal period, sleep period, and off-duty time. If the meal
periods, sleep time, or other periods of free time are interrupted by a call
to duty, the interruption must be counted as hours worked. In these
circumstances, the Department will accept any reasonable agreement of the
parties, taking into consideration all of the pertinent facts. However, the
employer must still track and record all hours worked by domestic service
workers, including live-in employees, and the workers must be compensated
for all hours actually worked notwithstanding the existence of an agreement.
一定要记录每日,每周工作时间,因为任何实际的工作时间(实际上也就是出现纠纷时
雇员声称的实际工作时间)都可能被算成是要付钱的时间。