A former nanny of actress Sharon Stone recently filed a lawsuit against her employer for wrongful termination following an overtime dispute. Erlina Elemen also claims Stone made false accusations and derogatory slurs regarding Elemen's ethnicity and religious views.
According to the suit, Stone once forbade head nanny Elemen from reading a bible in her room at the house and requested that she stop talking to the children for fear they would pick up her Filipino accent.
Elemen collected time-and-a-half wages for overtime while traveling with the children and during holidays, but was asked to return the extra remuneration by Stone. The suit alleges that when the actress discovered her nanny was receiving premium pay for overtime
employee attendance, she falsely accused Elemen of stealing. Shortly after Elemen complained about the accusation and refused to return the wages, she was fired without explanation.
Under the Fair Labor Standards Act (FLSA), all workers including nannies are owed minimum wage for all of their hours worked. Live-out nannies are also owed overtime pay for any hours worked in excess of 40 during a single week, while the requirements for live-in nannies vary by state.
Employers must stay on top of changes in state and federal labor regulations to ensure they are properly paying workers so they can avoid costly litigation. They might consider using a payroll processing service to ease liability and guarantee wages are correctly furnished.
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