Nanny agency and 1099?

I don’t think this is legal...

I work over 40 hours a week in Louisiana for a family that pays an agency, which in turn pays me. They don’t take out taxes, or pay overtime... they think I’m an independent contractor. Nannies are nonexempt as home employees, but I don’t know about nanny agency employees. I surely don’t have the control over my schedule. The parents sort of set the schedule. What I mean by that is when I wanted to stay with this family one week in the beginning, and they wanted me to stay too, the agency owner sent me instead to some other family for some unknown reason and had another nanny in my place. So she was controlling that.

What to do?

posted

That is a legal question best asked to the State Labor Department.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**