Legal Question in Civil Litigation in California

Re: being sued by my babysitter

You may be in violation of labor code. Try to negotiate settlement with her...

Re: being sued by my babysitter

You need to raise affirmative defenses such that she was a private contractor and not an employee. Minimum wage laws would not apply, overtime laws would not apply. Was there a written employment agreement? Why was she fired. Please call me directly at (619) 222-3504.

Re: being sued by my babysitter

You should hire an attorney, and quickly. I haven't taken the time to do detailed calculations, but it sounds like you have violated minimum wage laws and probably a number of other legal requirements. You need competent advice about the consequences of your actions before you make any statements (whether written or oral) under oath which may come back to haunt you later.

Re: being sued by my babysitter

California Wage Order 15 specifically exempts Personal Attendants from overtime wage laws, provided that the work performed is to supervise, feed and dress children (or persons of advanced age, physical or mental disabilities requiring such aid), provided that the personal attendant does not perform a significant amount of "other" work. In other words, if the babysitter only watched the children and was not also required to clean house, then he/she is not entitled to overtime under California law. Ask your local Bar Association for a referral to an attorney experienced in overtime wage issues.

Re: being sued by my babysitter

It is "odd"!!! why she did not complain about the overtime immediately. You should be pleasent, but reasonable at the mediation. We can assist you if the mediation does not produce a settlement. Call us for free consultation.