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Home > Careers & Employment > Law & Legal > As a homedaycare assistant should I be getting at least minimum wage?

As a homedaycare assistant should I be getting at least minimum wage?

Category: Law & Legal

RevolutionRevolution


I work at a homedaycare in Illinois. I've been working for her since August. Well, in August, I worked 7:00 to 8:30 in the morning and after school from 3:30 to 5:00 (Except on Mondays) She would have 10 kids, but only five of them were there at least half a day, and I'd make $100 a week.

Well, then, I ended up not going to school this semester. She has been using me now, usually from about 8:00 to 12:30, occasionally in the afternoon, when she's only got five kids during the day. I'm working more hours now, and getting paid the same amount or less then I was before!

She doesn't take taxes out, but I've actually gone through the background check, so, legally I AM an assistant! Here's the thing. I am lucky if I even make $7 an hour. And this week I've been more underpaid then I ever have before! She doesn't pay me payroll. She pays me personal check or cash, and times where she has more than 8 kids anyway, she's required to have an assistant. Well, I worked 9:00 to 12:30 on Monday. 9:00 to 1:30 on Tuesday. 8:00 to 1:00 yesterday. And today I worked from 8:00 to 12:30. I only was paied $80! EIGHTY!!!!!! I was even left with all the kids for 2 hours while she went to the store. I really want to demand at least $7 an hour. But, I don't want to ask quite yet, because I don't know for sure if she's required to pay me more. What do I do! I came home crying today over the $80 in cash I got today, because I knew earlier this week how much I'd be working and expected I'd be getting at least $120.

I feel like a baby but seriously being out $40 is $40!!!! I am really wanting to quit at least for the summer, but in order to do so I need another job. I've applied for about 15 jobs, and, this summer I am pretty flexible, and didn't get hired anywhere. Only one daycare was hiring, and I was very shocked I did not hear back considering all the experience i have. The plus side of sticking through until I graduate is that she is flexible. There's a small chance I might be working through family services 2:00 to 9:00 on Wednesdays this fall, and she's fine letting me have off. But this fall until I graduate in the winter my schedule (25 hours a week of school) is pretty unflexible, and I get overworked pretty easily. I'm going to have to have a consistent job willing to work around my schooling.

Rick B
Rick B

Very long post. Of course you should get minimum wage, but, you are a private contractor, not an employee.

If she is not taking out taxes, I hope you are paying them!!!

michr
michr

Most likely this business is NOT even covered by labor laws. an in home daycare is definitely NOT covered by federal law (FLSA)....

as already answered you may not even be an employee, does she issue you a 1099 or a W-2 at the end of the year?

if she issued you a W-2 then you need to contact the department of labor and see if this business is even covered by Illinois labor laws, due to the size of the business and the fact that you are working in a private home it is highly likely that there is no protection provided for you as far as a minimum wage law is concerned.

http://www.ilga.gov/legislation/ilcs/ilc¦


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