quote:Originally posted by PSI Teleport: Unless there is some law I'm not aware of that specifically names babysitters as being exempt from labor laws. Maybe there is. But it doesn't change the fact that people get paid at least minimum wage for easy jobs everyday.
Considering that by labor law your average babysitter cannot work (being under age 16 and not possessing a work permit), it is more accurate to say that the laws do not apply, rather than that they are exempt.
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according to federal laws there are three jobs that have no minimum age (and wage) babysitting, Lawn Mowing, and news paper delivery. the first two ar quite common still but more and more the third is being phased out in favor of older car driving age people.
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Again, it is the FLSA that establishes "the child labor requirements in nonagricultural occupations." The FLSA only applies to employeers engaged in interstate commerce. Casual babysitting within a family home is not covered. Retail sales, including food service, is considered interstate commerce, just for the record.
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Aren't there exceptions for small family businesses with less than a certain number of employees (exceptions, that is, on when children can work there and for how many hours)? I seem to remember something about that.
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quote:Originally posted by Lostincyberspace: according to federal laws there are three jobs that have no minimum age (and wage) babysitting, Lawn Mowing, and news paper delivery. the first two ar quite common still but more and more the third is being phased out in favor of older car driving age people.
Wrong on the Lawn Mowing part. Quote from Subpart c of Part 570 of Title 29 CFR Permitted Occupations for 14 and 15-Year-Old Minors..... "6. Cleanup work, including the use of vacuum cleaners and floor waxers, and MAINTENANCE of GROUNDS, but NOT including the use of power-driven mowers or cutters." But, again, the FLSA only includes employers ingaged in interstate commerce. If you hire the neighbor kid to mow your home lawn, it is not covered by the act.
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quote:Originally posted by ketchupqueen: Aren't there exceptions for small family businesses with less than a certain number of employees (exceptions, that is, on when children can work there and for how many hours)? I seem to remember something about that.
Children can work at any age if a parent owns or co owns the business (no corporations though) but must be paid minimum wage or competitively, same hours as all other minors I beleive.
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quote:(b) “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
That is all that is covered by the Act. Even if the work is covered, the following persons are not covered.
quote:(3) For purposes of subsection (u) of this section, such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family.
quote:(A) The term “employee” does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if— (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency.
8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto
quote:3) any employee employed by an establishment which is an amusement or recreational establishment organized camp, or religious or non-profit educational conference center, if— (A) it does not operate for more than seven months in any calendar year
quote:15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves
24) any employee who is employed with his spouse by a nonprofit educational institution to serve as the parents of children— (A) who are orphans or one of whose natural parents is deceased, or (B) who are enrolled in such institution and reside in residential facilities of the institution, while such children are in residence at such institution, if such employee and his spouse reside in such facilities, receive, without cost, board and lodging from such institution
quote:
2) Any establishment that has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise.
I know that is more than you want to know about this subject. Oh, by the way persons engaged in the business of extracting and processing natural maple sugar are also exempt. But, the fact remains that babysitters are not covered by any federal minimum wage law.
posted
FWIW, I'm not really basing this on what is legal. I don't think people who lowball their babysitters and make it acceptable through social pressure are doing anything illegal, but I do think they are doing something wrong.
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Thanks, AT! So I was right-- the kids I knew who worked in the family business (family were the only employees) and were not paid a regular wage were not being treated illegally. I was pretty sure that was my understanding from class discussion of child labor laws in eighth grade.
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Javert, I don't disagree. But, posters need to be aware that terms like "minimum wage" have a specific legal meaning and shouldn't be used casually to mean something else.
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I don't lowball babysitters, I just don't ever use them. I am not convinced that the teens I am not using are necessarily happier about this. Sure, $20 an hour might be nice, but is $3-5 better than nothing?
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quote:Babysitters do have an important job, and if you can't afford the going rate for babysitters, you should spend your evenings in at home instead. No one owes anybody a "night out" not matter what your financial circumstances. Either save up for the cost of the entire evening, which includes a decent wage for your babysitter, or don't go out.
Yeah, we pretty much never go out. If we payed the "accepted" babysitter's wages, that would by far be the most expensive part of our date. We just can't afford to spend that much on any kind of regular basis.
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quote:Originally posted by scholar: I don't lowball babysitters, I just don't ever use them. I am not convinced that the teens I am not using are necessarily happier about this. Sure, $20 an hour might be nice, but is $3-5 better than nothing?
Is it better than nothing? Depends, how much of a handful are the kids in question?
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If we payed the "accepted" babysitter's wages, that would by far be the most expensive part of our date. We just can't afford to spend that much on any kind of regular basis.
