GOOD PEOPLE LLC - HOME CARE SERVICES, UNCOVERED IILEGAL CHARGES FROM EMPLOYMENT AGENCIES SUCH US: GOOD PEOPLE LLC AND HOME CARE SERVICES, INC IN WI SCAMERS FROM GOOD PEOPLE LLC AND HOME CARE SERVICES, INC Madison, Illinois

Spammers in action who charged illegally for years  and decided to create defamation on workers performance! Few million dollars was charged by those goofy agencies according to their imagination!

"It was ILLEGAL for Good People, LLC (and any referral agencies which does not follow the law) to CHARGE workers a referral fee. However, at this point of DWD investigation they are only truing to determine whether or not workers have received full payment of the referral fee that they paid to the agency. If the workers stil have not been paid in full for the referral fee that they paid, please provide documentation of the amount that they paid to agency" (contracts).

"Referral agency businesses was registered with this Department as an employer agent whose fees or charges are paid entire and directly by the employer to the employment agent (Emphasis added)

You charge Mr/Mrs. ... (worker) a referral fee, and by doing so you violated the law. Also, since you did not send me copies of the Home Care Notices that you had on file relating to his/her placement, I can only assume that you did not prepare the same as required by ... 277.19, Adm. Code.

You should consider this letter as a Correction order and IMMEDIATELY change your practices to ensure that you are in full compliance with all Private Employment Agency regulations. Failure to do so could result in further action".

 
    Time for objective truth!!!

     Notice to legal or illegal migrant workers who got protected by state or federal law about their
minimum wages for service who suppose to be paid not less than $174
minus some deduction ... plus their own taxes and SSA. as an employee or
independent contractors in order to get retirement plan in their own
countries.

    http://dwd.wisconsin.gov/dwd/forms/erd/ls_119_e.htm   

          or

    http://www.dol.gov/whd/contactform.asp

       Good luck with back pay:-)

       Copy:
   
"A Private Employment agency cannot charge an applicant a fee for finding him/her a job. They can charge a fee for things like resume writing, job hunting skills, and other things of that nature.  However, they must make it clear what the fee is for.

I'm going to give you a website in which you can obtain additional information.  If you wish to file a complaint with this office, I will also provide you with the website where you can download a Labor Standards complaint form"

 Actually, you suppose to create own statement in this matter. They do not have form against agencies which has contracts
like toilet paper:-)

 "Every such licensee shall give to every applicant, who is sent out for a job or for an interview with a prospective employer, a card or printed paper or letter of introduction which shall be called a "referral slip" containing the name of the applicant, the name and address of the employer to whom the applicant is sent for employment, the name and address of the agency, the name of the person referring the applicant, and the probable duration of the work, whether temporary or permanent. The referral slip shall contain a blank space in which the employment counselor shall insert and specify in a prominent and legible manner whether the employment service fee is to be paid by the applicant or by the employer, or in the case of a split-fee, the percentage of the fee to be paid by the applicant and the percentage of the fee to be paid by the employer, or shall state whether the fee is to be negotiable between the employer and the employee. A duplicate of all such referral slips shall be kept on file in the agency for a period of one year. In the event that the applicant is referred to a job or to a prospective employer by telephone or telegraph, the referral slip shall be mailed to the applicant and to the prospective employer before the close of the business day on which the telephoned or telegraphed referral was given. No person shall be sent out for a job or to interview a prospective employer unless he has been personally interviewed by the agency or has corresponded with the agency with the purpose of securing employment. 

    If the employer pays the fee, and the employee fails to remain in the position for a period of 30 days, such licensee shall refund to the employer all fees, less an amount equal to 25% of the total salary or wages paid such employee during the period of such employment, within 3 days after the licensed person has been notified of the employee's failure to remain in the employment, provided such 25% does not exceed the amount charged for a permanent position of like nature. 

    If the employee pays the fee and is discharged at any time within 30 days for any reason other than intoxication, dishonesty, unexcused tardiness, unexcused absenteeism or insubordination, or otherwise fails to remain in the position for a period of 30 days, thru no fault of his own, such licensee shall refund to the employee all fees less an amount equal to 25% of the total salary or wages paid such employee during the period of such employment within 3 days of the time such licensee has been notified of the employee's failure to remain in the employment, provided the 25% does not exceed the charge for a permanent position of like nature. All refunds shall be in cash or negotiable check. 
    If the employee has promised his prospective employer to report to work at a definite time and place and then fails to report to work, such circumstances shall be considered prima facie evidence that the employee has accepted the employment offered. 
    Where a dispute concerning a fee exists, the department may conduct a hearing to determine all facts concerning the dispute and shall after such hearing make such recommendations concerning such dispute as shall be reasonable."

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1374&ChapterID=24

 In IL:

    COPY

    "The placement or employment service fee shall not be received by such licensee before the applicant has accepted a position tendered by the employer.  After there is acceptance of a position the placement or employment service fee may be collected.
 
The term “acceptance” means a mutual agreement, verbal, or written, between employee and employer as to starting salary, position, time and place of employment".

  IL Labor Department

Villagiens  will teach us how much we suppose to spend for meal 3 times a day. Ridiculous at least $5 per meal, number of days, etc.

  Those FUNNY companies suppose to have different names such us: GOO(D)FY People LLC or HOME(LESS) CARE SERVICES, INC, or any crooks companies from IL, etc.

I found only 2 or 3 referral agencies which can be highly recommended - (europeannannies.com) 773 773 9653. They have provided business over 30 years - NO DUBLE FEES, no complaints! The other one has CORRECT CONTRACTS - (lovingcare-agency.com) 773 262 7181, but does't not have waivers in some situations. You have to negotiate! Good luck with GOOD ONES among crooks!!!

 As a client you think that you can get better service. They charge you $20 and up. Most of those people are non-CNA, unskilled, inexperience with citizenship. Unfortunately worker get $9.75-11. Those owners making on workers 50% a day!!! Is it worthy to be under them even you know how to avoid citizenship by form I-9?

VICTIMS MUST PAY:-) OTHERWISE MAFIA WILL BE AFTER YOU OR WILL SEND YOU TO THE CEMETERY FOR YOUR REFUND! EUROCARE DOES NOT MAKE REIMBURSEMENT!!!

BE CAREFUL ON "AT YOUR SERVICE" AS KNOWN AS A "EUROCARE" OR "POLONIA" WHO HAS BAD REPUTATION, CROOKED CONTRACTS AND NO LICENSE IN OTHER STATE EXCEPT IL OR "IRENE'S INTERNATIONAL HOME CARE"

 Read carefully instruction to form I-9!

Unfortunately Labor Department does not have form against agencies who misclassified workers. You have to send form SS-8 to IRS to fix goo(d)fy contract. Those crooks deserve to pay penalties like owners who owns construction companies


example: I - dump


The employee Classification Act


http://www.state.il.us/agency/idol/forms/PDFs/ECA_%20Polish_FS.pdf 


Only goofy Polacks could offer "CARE" to decent Polish workers - Baraba(ra:-)s Ste(e)al Co.

Guess what ... they made employees as a independent contractors in order to avoid taxes and insurance. I do not want to even mention about unpaid wages, overtime, etc.


Thank God they got cute penalties:  $60.000, $180.000 and $2.100,000. I was dying of laughing when I saw those papers last Sunday. I hope that they won't me buried alive for Justice without court.


Best wishes from Dyzma


PS.

"The crucial fact necessary to be mentioned is that we were deliberately misclassified as independent subcontractors instead of employees, although we were subjected to directions and control of the contractor: 


we have been paid by the hour
we have been using equipment and materials belonging to the company
we have been following instructions as for what kind of work, where, when and how it needs to be carried out 
we have been helped by other employees 
we have been required to carry out tasks in a certain order 
we have not invested in the equipment we have been using
we have not incurred a financial risk".
we have been working only for one company
we have had a continuity of work
we have been working on premises or were sent to sites by the employer 
we have been working a specified number of hours". 


 

 When your rednekcs not even started taking back to you, but they are calling you by names such us: a*hole, little idiot, etc. Please be so kind and surprise them by those form in order to stop harassment at work.

    "The behavior must be MORE THAN A FEW isolated incidents or casual comments. It involves a pattern of abusive and degrading conduct directed against a personbecause of his or her protected class that is sufficient to interfere with work or creates an offensive and hostile work environment"

   I remember one goofy lady who accused worker for "harassment" for 2 not offensive phone call on voice mail to her. Be careful of master of deception and sue her/him as quickly as possible for their stupidity!

      http://dwd.wisconsin.gov/dwd/publications/erd/pdf/erd_7334_pweb.pdf
      http://dwd.wisconsin.gov/er/discrimination_civil_rights/harassment.htm
      http://www.lc.cc.il.us/legal/harass.aspx      

Consequences of treating an employee as an independent contractor.   If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you are liable for employment taxes for that worker (the relief provision, discussed next, will not apply). See section 2 in Publication 15 (Circular E) for more information from IRS

Employers must report income and employment taxes withheld from their employees on an Employer's Quarterly Federal Tax Return (Form 941) and deposit these taxes in full to an authorized bank or financial institution pursuant to Federal Tax Deposit Requirements. Employers are also responsible for filing a FUTA return annually, and depositing those taxes.

Employers who do not comply with the employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes.  

PLEASE BE VERY CAREFUL ON MOST OF THE REFERRAL AGENCIES WHO MAKES LIVE-IN PLACEMENT UNDER FEDERAL MINIMUM WAGE INCLUDING THEIR GOOFY TRICK SUCH US: MAKE AN EMPLOYEES AS AN INDEPENDENT CONTRACTORS AND LET THEM BUY INSURANCE FROM LITTLE RATE.

IS IT WORTHY TO PAY THEM 2 WEEKS SALARY WHICH ARE UNDER $174 FOR DAILY RATE MINUS BOARD - $15
PLUS UNINTERRUPTED SLEEP PATERN UP TO 8 HOURS FOR 24 HOUR SERVICE? THOSE EMPLOYERS WHO ARE HIRING DIRECTLY DOES NOT HAVE OBLIGATION TO PAY EVEN MINIMUM WAGE. WHY DO THEY HIRE THROUGH AGENCIES? DO THEY HAVE BRAIN IN ORDER TO AVOID THOSE COMPLAINTS??? I DO NOT THINK SO!

The Federal Labor Standards Act exempts domestic workers who reside in their employers' residences from the overtime pay requirements. See http://www.dol.gov/asp/programs/guide/minwage.htm.

However, some states may have more favorable regulations pertaining to live-in workers. For example, New York Labor Law (§160, 12 NYCRR §142) orders employers to pay overtime wages to residential employees who worked over the maximum of 44 hours per week. Overtime is 1 1 times regular pay for hours in excess to the maximum. Residential employee is
defined as one who lives in the employer’s premises.  

  http://www.dol.gov/whd/flsa/companionNPRM.htm

       Rule changes:

 The US DOL has proposed a series of rules changes that will result in a substantial number of elder care and home care workers being covered by the Fair Labor Standards Acts' (FLSA) minimum wage and overtime protections. This continues a trend of increased regulation and enforcement in the area of domestic service employees, with an increasing number of household workers being subject to Wage and Hour protections and enforcement. The proposal more strictly limits and defines the services of a "companion," and states that household employers MUST maintain accurate and contemporaneous time tracking records and pay household staff for every hour on duty. It also states that employees of third party employers such as staffing agencies are not exempt from minimum wage and overtime protections. Public comments will be solicited when the proposal is published in the Federal Register.

CURRENT DEFINITIONS: "Companionship services" as defined by the US Department of Labor in 1974 refers to "services for the care, fellowship, and protection of persons who because of advanced age or physical or mental infirmity cannot care for themselves. Such services include household work for aged or infirm persons including meal preparation, bed making, clothes washing and other similar personal services. General household work is also included, as long as it does not exceed 20 percent of the total weekly hours worked by the companion."When the job functions performed adhere to this definition, the companionship exemption applies to the worker and his/her protections under the FLSA whether employed directly by the family or individual, or employed by an independent for profit or not for profit home health agency.

PROPOSED DEFINITIONS: The US DOL website states "The proposed definition of companionship services is limited to those duties that are directly related to the provision of fellowship and protection for a person who, because of advanced age or infirmity, is unable to care for himself or herself. It also allows for the performance of personal care services when those services are performed incidental to the core companionship functions and so long as they do not exceed 20 percent of the employee’s time during a work week."Personal care services are now to be limited to no more than 20% of the employee's work time, and provision of incidental household services (vacuuming and dusting for example) is specifically prohibited under the proposed definitions. According to the DOL "The performance of duties that are not for fellowship and protection of the aged or infirm person, or incidental to the provision of fellowship and protection, are not “companionship duties,” and therefore, any performance of general household work would result in the loss of the exemption for the week."In addition to the more limited definition of job functions classified as "companionship services", the proposed regulations specifically limit the exemption to individuals employed directly by the individual or family. Third party employers must adhere to the FLSA for all of their direct pay staff providing home care and companionship services.

OVERNIGHT CARE: According to the proposal, "an employee who is required to be on duty for less than 24 hours is working even though the employee is permitted to sleep. All the time is counted as hours worked. However, if the employee is required to be on duty for 24 hours or more, the employer and employee may agree to exclude bona fide regularly scheduled sleeping periods of not more than 8 hours from hours worked. If the sleep period is interrupted to the point where the employee does not have the opportunity for at least five hours of sleep, the entire period must be counted as work time. Where there is no express or implied agreement with respect to sleep time, all hours must be counted as work time." (Emphasis added)

Lastly, live in domestics of ANY job description continue to be exempt from overtime when directly employed by the family. The proposed rules "requires employers to maintain an accurate record of the actual hours worked by such workers. It will no longer be sufficient to have a work agreement between the parties."  However, live in domestics employed by any third party employer are covered by the overtime provisions of the FLSA.

    http://www.dol.gov/whd/regs/compliance/whdfs25.pdf

   http://www.whitehouse.gov/photos-and-video/video/2011/12/15/president-obama-ensuring-fair-pay-home-care-workers

  What if there is no agreement about sleep time?

 "Where there is no express or implied agreement with respect to sleep time, all hours must be counted as work time"

  see:
    http://www.dol.gov/whd/flsa/companionNPRM-FAQ.htm#7

Do I need to pay my nanny or housekeeper minimum wage? What about overtime? Domestic employees have been covered by the Fair Labor Standards Act (FLSA) since 1974.The FLSA stipulates that domestics (household workers) must be paid at least the Federal minimum wage. The FEDERAL minimum hourly rate is $7.25 per hour effective July 24, 2009. If your state imposes a minimum wage higher than the Federal minimum, the state amount is in effect.

 Overtime compensation coverage hinges on whether the household worker lives in (on the premise) or lives out (come-and-go). You are required to pay a domestic employee who lives out overtime (for hours above 40 in a week **). Overtime is one and one-half times the normal hourly rate. Live-in employees must be paid for every hour they work but are not automatically entitled to the overtime differential. (There are some exceptions to the live-in exclusion, notably CA, NY, NJ and MD.) If the household employee receives a "salary" that covers a work week of more than 40 hours, your employment agreement must explicitly state the regular and overtime rates of pay. Hours worked include the following:

All hours on duty, including meal time if the employee is required to remain at the premises during meals.

Nap time

Time when children are in school IF nanny is required to be "on call" for any emergencies such as early dismissal, child sick at school, etc.

In general, hours worked includes all time that the employee is required to be at the employer's home and all time that the employee is required to be 'on call' in the course of his/her duties.There are many states which enforce higher minimum wages. Where Federal and state law have different minimum wage rates, the higher standard applies.
These rules are governed by the  Fair Labor Standards Act. Please familiarize yourself with these rules if you are considering a pay rate that does not meet the FLSA standards articulated above.It is important to note that the FLSA specifically calls out domestic employment (housekeepers, maids, nannies, etc.) in the statue as non-exempt employees, covered by the rules and protections of the FLSA. This is not a grey area, subject to individual interpretation.To quote the  FLSA's Handy Reference Manual, "Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if:

(1) their cash wages from one employer in calendar year 2009 are at least $1,700. (Different amounts would be designated in other calendar years, pursuant to an adjustment provision in the Internal Revenue Code); or
(2) they work a total of more than 8 hours a week for one or more employers."

Elder Care Services: Companionship services and personal attendants employed in a private home are covered by slightly different rules relative to overtime calculations. See our discussion Household Employees, Companions, Personal Attendants and the Minimum Wage.** California household employees who live out are entitled to the overtime differential for hours work over 8 in a day. So a schedule of 4 10-hour days is paid as 32 hours at the regular rate, and 8 hours at the overtime rate. In general, California has a number of rules and regulations that impose MORE duties and responsibilities on the household employer than Federal law does. We recommend you read EDD's Household Employer's Tax Guide for California-specific advice.

 "Reporting workers who are complaining about wage and hour violations to immigration
authorities is considered unlawful retaliation under the Fair Labor Standards Act. It is
illegal retaliation for employers to threaten to report a worker to the ICE for trying to
enforce her labor rights. (A number of labor and employment laws have anti-retaliation
provisions.)

ICE maintains an internal policy called an “operating instruction” that places limitations
on immigration enforcement investigations where there is an ongoing labor dispute –
including wage and hour violations, health and safety violations, workers’ compensation
claims, and discrimination complaints" - National Employment Law Project

   Employment Agencies

Employment agencies are licensed businesses that have lists of employers who are
looking for domestic help. The agency receives commissions for each domestic worker
it places, either from the employer OR the worker. 

Workers should look for agencies that do not charge
placement fees. In Illinois, employment agencies are required to note in their
advertisements whether they charge applicants fees or whether the employer
pays the fee so workers can be informed when they arrive at the office.
Employment agencies in Illinois who charge fees to workers are required to post
their fees in any room where workers are interviewed.
The agency is required to ask each worker to fill out an application form. The form
should not ask for a worker’s social security number or immigration status! 


225 ILCS 515/5, which states that the agency may charge workers a “placement fee,”
that the agency and worker have agreed upon, or negotiated, and put in writing. A worker should receive a copy of any agreement she signs about amount, method of payment, or time and place of payment. No fee should be paid before the worker has received a job. 

   for example:

I don’t have to pay you minimum wage. What are you going to do if I don’t pay
minimum wage?

Whether I am documented or not, I have a right to a minimum wage. Even if I signed
something that said I agreed to less than minimum wage, you still have to pay me
minimum wage.A contract to pay someone less than minimum wage is illegal.It means that contract is null:)If you do not pay me minimum wage, I can file a complaint with the Federal Department of Labor



 



  

Instead of filing a complaint with a state or federal agency, a worker owed wages by her employer may instead file a complaint in court. A worker should consult an attorney at a legal aid agency or at a worker center before doing so. 

a) Small Claims Court: A worker with a claim for money damages less than $10,000 can file in Small Claims Court and does not need to hire an attorney.

For more information about Small Claims Court, visit http://www.ag.state.il.us/consumers/smlclaims.html.

Forms for filing in Cook County (Chicago) can be found at
http://198.173.15.34/?Section=FormsPage&FormsPage=ALL&FORMNAME=
&TITLE=small+claims&Submit=Submit.

b) Chicago Pro Se Court: A worker with a claim for less than $1,500 can file at Pro Se Court. Filing a claim pro se means filing without being represented by a lawyer. After filing pro se a worker can hire an attorney only if the employer hires one. To file, go to Room 602, Richard J. Daley Center, Clark and Randolph
Streets, Chicago, IL. For more information visit http://www.cookcountyclerkofcourt.org/Community_Resources/brocures/prose_/p
rose_.htm.

c) Court costs: If you feel that you cannot afford the court filing fee and service cost, you can apply to have the fees waived. The courts may provide a waiver if you can show that your income falls below a certain level, you receive public benefits, or if the court costs will cause you significant financial hardship. See
http://198.173.15.31/Forms/pdf_files/CCGN689A.pdf for the application and more information about fee waivers in Illinois State Court.

The U.S. Federal District Court for the Northern District of Illinois (in cooperation with several other organizations) runs the District Court Self-Help Assistance Program, a free limited legal assistance program for pro se litigants: people who are not represented by a lawyer. Pro se litigants who have filed or who are
considering filing a case in the U.S. Federal District Court for the Northern District of Illinois can meet with an attorney and receive free limited assistance regarding their legal matters. For more information, see
http://www.ilnd.uscourts.gov/home/_assets/_documents/Website%20Self-Help%20Program%20Announcement.pdf or contact the Intake Desk of the Clerk’s Office at (312) 435-5691. 

Those funny businesses remind me cute institution and Cardinal LAW who had to escape from Boston to Rome ...

   http://www.labor.ny.gov/legal/laws/pdf/domestic-workers/facts-for-domestic-workers.pdf

Mr. Whisky

   The best student of x. dr. Jigger is chasing all cLA(o)Wns who does not support our spongers by taxes according Polish-American agreement

     Civilization in US:-)

   Why a Domestic Workers Bill of Rights?

Domestic Workers are the bedrock of a functioning society - they do the work that makes other work possible. Yet they are a workforce in crisis. Domestic Workers Are Vulnerable:

Read this Research & Policy Brief from the UCLA Institute for Research on Labor and Employment.
The domestic worker industry is riddled with abuse, mistreatment, and labor violations. The mostly female and immigrant domestic workforce is particularly vulnerable due to the isolated nature of the industry, where women labor behind closed doors and out of the public eye. Furthermore, domestic workers are excluded from or discriminated against by most labor and employment laws. In fact, the exclusion of domestic workers from the National Labor Relations Act, means they are unprotected when asking for respect of their basic rights and are unable to collectively bargain for conditions allowing them to labor in dignity. California can level the PLAYING FIELD by enacting the following comprehensive bill of rights which seeks to eliminate discriminatory provisions in the labor code and grant domestic workers basic rights that other California workers gain through collective bargaining.

   The California Domestic Worker Bill of Rights

The California Domestic Worker Bill of Rights (“CDWBR”) would provide domestic workers with: Equal overtime pay. Currently, personal attendants are excluded from overtime rights and live-in domestic workers receive less protection under overtime laws. The CDWBR would include ALL domestic workers in California’s overtime protections of time and a half after 8 hours in one workday and 40 hours in one workweek and double time after 12 hours in one workday. Equal right to worker’s compensation. Domestic workers are carved-out of California’s worker’s compensation laws when they work in private households less than 52 hours or earn less than $100 in the previous 90 days. The CDWBR would cover ALL domestic workers under California’s worker’s compensation laws. Equal right to reporting time pay. Personal attendants currently have no right to reporting time pay, when they show up to work and their employer cancels the job. The CDWBR would extend reporting time pay rights that most California workers enjoy to personal attendants. Right to 8 hours uninterrupted sleep under adequate conditions. No law currently guarantees domestic workers the right to uninterrupted sleep. Domestic workers often labor around the clock PLACING THEMSELVES AND THE PEOPLE THEY CARE FOR AT RISK OF SICKNESS AND UNINTENTIONAL MISTAKES CAUSED BY EXHAUSTION. The CDWBR would guarantee domestic workers at least 8 hours of uninterrupted sleep under adequate conditions. Right to cook one’s own food. Unlike most California workers, domestic workers are often confined to the home of their employer and are forced to eat food that is unhealthy or not to their liking. The CDWBR would grant domestic workers the right to make basic decisions regarding the type of food they eat. The California Household Worker Rights Coalition, Lead Organizations California Domestic Workers Coalition

Contact: Andrea Cristina Mercado, andreacristina@mujeresunidas.net, 415-621-8140 x301Graton Day Labor CenterCoalition for Humane Immigrant Rights of Los Angeles (CHIRLA)
Contact: Altagracia Garcia, agarcia@chirla.org, (213) 353-1785Filipino Advocates for Justice (Oakland)
Contact: Katie Joaquin kjoaquin@filipinos4justice.org, 510-465-9876 x301 Mujeres Unidas y Activas (Oakland and San Francisco)
Contact: Claudia Reyes, claudia@mujeresunidas.net, 415-621-8140 x306 Pilipino Workers Center (Los Angeles) People Organized to Win Employment Rights (San Francisco) Women’s Collective of La Raza Centro Legal (San Francisco)

http://translate.google.com/translate?hl=en&sl=pl&u=http://detektywistyka.rubikon.pl/kryminalistyka.html&ei=fgC4T6KDN7Ds2AX-nqCMDA&sa=X&oi=translate&ct=result&resnum=1&sqi=2&ved=0CFYQ7gEwAA&prev=/search%3Fq%3Dhttp://detektywistyka.rubikon.pl/kryminalistyka.html%26hl%3Den%26biw%3D1920%26bih%3D875%26prmd%3Dimvns

 DATE 

Dear EMPLOYEE NAME: 

This letter confirms your employment with us as a full-time nanny for two children, ages 3 and 6, commencing on January 15, 2011 for a term of one year.  

The work week will be Monday through Friday from 8:00 to 5:00 with a 1 hour lunch break. The weekly salary will be $680 or $17/hr.  You will be paid every Friday, and we will give you a signed receipt. We will pay time and a half for every additional hour worked. You may choose whether to live-in or live out. 

Your responsibilities are limited to taking care of the two children, feeding them breakfast and lunch, and light housekeeping. Light housekeeping includes meal preparation and clean up as well as picking up after the children. 

You will receive two weeks of paid vacation per year to be taken whenever you choose as long as appropriate notice is provided. Paid holidays include New Year’s Day, Martin Luther King Jr.’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Thanksgiving Day, Labor Day, and Christmas Day. If you choose to work on a holiday, 
we will pay you time and a half. 

You will be paid when the family is on vacation whether or not you accompany us. If you accompany us, we will pay all of your travel and incidental expenses. You are entitled to 5 sick days and 3 personal days per year. We will pay 50% of your 
health insurance premiums up to $200 per month. We will also secure workers’ compensation insurance. 

We agree to give you at least three weeks notice or three weeks severance pay if we no longer need your services. We request that you likewise give us three weeks notice before leaving the position. 

Sincerely, 
EMPLOYER NAME

     Protecting Yourself on the Job—Tips for Workers 

 How Do I Protect Myself During Employment? 

• Know your employer’s full name, address and phone number. 
• Always keep copies of original documents with a trusted third person. 
• If you give your documents to your employer, you have a right to have them returned.  It is illegal for your employer to keep them from you. 
• Make sure that you always have your passport and other official documents, such as bank records, in your possession. Do not give them to your employer to keep for you. If your employer insists on keeping them for you, give him/her a 
photocopy, not the original. 
• Make sure others know where you work. 
• If you have your own bank account, only you should have access to it.  Make sure that only you have access to your money, whether or not you keep it in a bank account. 
• You should receive your wages directly. Your employer may not deposit money directly into an account unless you give permission. 
• It is safer for you, rather than your employer, to send your wages abroad if that is what you want. 
• You can contact a community organization for help in setting up a bank account and/or sending your money abroad. 

Keep a record of: 
• The hours you work everyday 
• Your responsibilities for each day 
• Pay dates and wages paid each week 
• Receipts for all paychecks, photocopies of paychecks or handwritten records of 
• cash paid 
• Names and numbers of other employees of the same boss 
• Anything that makes you feel uncomfortable – write down what happened and when. (Was it something your employer said to you? Was it a task you were asked to do?) 
• Any promises made by your employer  for a sample form you can use to keep your records. 
• Keep these records in a safe place! 

          ICE Policy Regarding Labor Disputes

  When information is received concerning the employment of undocumented or unauthorized aliens, consideration should be given to whether the information is being provided to interfere with the rights of employees to form, join or assist labor 
organizations or to exercise their rights not to do so; to be paid minimum wages and overtime; to have safe work places; to receive compensation for work related injuries; to be free from discrimination based on race, gender, age, national origin, religion, handicap; or to retaliate against employees for seeking to vindicate these rights.  
  
 Whenever information received from any source creates a suspicion that an ICE enforcement action might involve the Service in a labor dispute, a reasonable attempt should be made by Service enforcement officers to determine whether a labor dispute is in progress. The Information Officer at the Regional Office of the National Labor Relations Board can supply status information on unfair labor practice charges or union election or decertification petitions that are pending involving most private sector, nonagricultural employers. Wage and hour information can be obtained from the United 
States Department of Labor (Wage and Hour Division) or the state labor department.  
  
In order to protect the Service from unknowingly becoming involved in a labor dispute, persons who provide information to the Service about the employer or employees involved in the dispute should be asked the following:

1) their names;
2) whether there is a labor dispute in progress at the worksite;
3) whether they are or were employed at the worksite in question (or by a union representing workers at the worksite);
 4) if applicable, whether they are or were employed in a supervisory or managerial capacity or related to anyone who is. Information should be obtained concerning how they came to know that the subjects lacked legal authorization to work, as well as the source and reliability of their information concerning the alien’s status.  
  
It is also appropriate to inquire whether the persons who provide the information had or have a dispute with the employer of the subjects of the information. Likewise, the person providing the information about the aliens should be asked if the subjects of the information have raised complaints or grievances about hours or working conditions, 
discriminatory practices or about union representation or actions, or whether they have filed workers' compensation claims.  
  
Generally there is no prohibition for enforcing the Immigration and Nationality Act, even when there may be a labor dispute in progress. However, where it appears that information may have been provided in order to interfere with or to retaliate against employees for exercising their rights, no action should be taken on this information without the review of the District Counsel and approval of the Assistant District Director for Investigations or an Assistant Chief Patrol Agent.  

When Service enforcement action is taken and it is then determined that there was a labor dispute in progress, or that the information was provided to the Service to retaliate against employees for exercising their employment rights, the lead immigration officer in charge of the Service enforcement team at the worksite must ensure to the extent 
possible that any arrested or detained aliens necessary for the prosecution of any violations are not removed from the country without notifying the appropriate law enforcement agency which has jurisdiction over these violations.  
  
Any arrangements for aliens to be held or to be interviewed by investigators or attorneys for the state or federal Department of Labor, the National Labor Relations board or other agencies/entities enforcing labor/employment laws will be determined on a case-by case basis.  

If your employer provides you with meals and a place to stay, he or she can only deduct:

For meals: $4.50 per meal 
For lodging: $3.10 per day 
For your own house or apartment, with utilities: $5.80 per day 
(12 NYCRR §§ 142-2.5, -2.19-20)

Under New York law or (federal law), your employer can only make the following kinds of deductions: Those required by law, such 
as Social Security and federal, state, and municipal income taxes. Those which benefit you and to which you consent in writing, such as health insurance premiums, pension payments, and union dues n  Other deductions which benefit you and to which you consent in writing, as long as they do not exceed 10% of your gross wages in a given pay period 
(NY Labor Law § 193; 12 NYCRR § 195.1) 

If "employers" do not know how to hire you properly. Fix them by instruction to form I-9, for example: "list of acceptable, unexpired documents": List C nr. 1 or A/B

http://www.uscis.gov/files/form/i-9.pdf

"ANTI-DISCRIMINATION NOTICE: IT IS ILLEGAL TO DISCRIMINATE AGAINST WORK-AUTHORIZED INDIVIDUALS. EMPLOYERS CANNOT SPECIFY WHICH DOCUMENT(S) THEY WILL ACCEPT FROM AN EMPLOYEE. THE REFUSAL TO HIRE AN INDIVIDUAL BECAUSE THE DOCUMENTS HAVE A FUTURE EXPIRATION DATE MAY ALSO CONSTITUE ILLEGAL DISCRIMINATION"

What is a purpose of this form?
   
"The purpose of this form is document that each new employee (both citizen and noncitizen) hired after November 6, 1986 is authorized to work in the United States"

   

   Does the agency send someone to go with you to the  interview with the employer?

   Does the agency pay for transportation to the interview with the employer?

   Does the employment agency do any background check on employers or take any steps to make sure that the household is      safe?

   Does the agency provide you with a written job  description, showing the name and address of the employer, wages, hours of work, the kinds of services they will perform, and the fees the agency will charge?

  The agency will have a service agreement with the employer. Ask to see it.

   Does the employment agency have a list of comments by past employees giving the reasons they left the employer?

   Is there a contract that the agency wants you to sign? 

 What does signing it mean?

  Does the employer pay you directly, or does the agency pay you?

   How long does a worker have to remain with an employer before the agency gets its full commission?

  Does the employment agency inform employers about their obligation to pay into Social Security, workers’ 
compensation, and unemployment insurance?

   Does the employment agency have a complaint system for workers whose employers are abusive (e.g. not paying overtime or not allowing a worker a day of rest)?

      Be on the lookout for:
     Agencies that don’t let you take the contract home to review it, or don’t give you adequate time to read the contract.
  Agencies that insist on receiving your wages from the employer and then paying them to you.

  Requests to hand over a passport or other documents.

     Agencies that charge you a commission for placing you.

     Agencies that do not find out about your skills before  sending you to an interview.

 Will the agency help such workers find a new placement?