According to Ruby Dhalla her mother, Tavinder Dhalla, keeps records. So we can pretty much assume when they are asked to produce the documents that they'll be able to produce it. Let's have a look at Lyle Alvarez's claim, who came forward to corroborate the allegation of Gordo and Tongson, that she worked 9 days and got paid for $ 370.00.
Days worked: 9
Paid: $ 370.00
If as we already know the Dhallas pay a weekly $ 250.00 on an assumption that the nannies that previously worked with them get to work 5 days in a week, we have here a $ 50.00/day rate. Now, the Dhallas knew that the hourly rate is $ 9.25/hour.
If Alvarez worked for 9 days, and Tavinder should have a record how many days she worked, then the pay should have been $ 450.00 on the $ 50.00/day rate. But she got paid $ 370.00! Where then the $ 20.00 comes from? If they go by the rate of $ 50.00/day then Alvarez only worked for 7 days, and not as Alvarez claimed which would be $ 350.00 . Where did that $20.00 come from then? As a tip? I doubt, since both parties separated not in good terms.
If it can be provided an evidence that Alvarez worked for 9 days, e.g. Mon-Fri, then Mon-Thu, then the problem of pay is quite obvious. The days she worked probably fall between Mon-Fri of the first week, and then, perhaps, Mon-Tue of the following week. Well, that would be according to the Dhallas. On the other hand, Alvarez must have worked only till Tuesday of the second week. Of course, this is all assuming that she started on the first Monday of the first week considered.
Still, the $ 20.00 remains unaccounted for.
My guess is Alvarez worked from Monday of the first week till Tuesday of the second week before she quit but, she also counted Saturday and Sunday as part of the 9 days she said she worked. The $20.00 then makes sense!
According to this, the Dhallas paid her $ 10.00 for each day, perhaps thinking, "She only worked light on the weekend." But that still count as work. And as the LOM form Dhalla submitted, "In the event that the foreign live-in caregiver works less than full-time hours in any particular week, she/he must be compensated for full-time work," the Dhallas are still in violation of the pay, she should have been paid $450.00!
I'd like to see Tavinder's record of payment on this.
Saturday, May 16, 2009
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