Lisa A. Von Eschen

Von Eschen, a Lamb & Kawakami partner, counsels businesses and nonprofits on employment law compliance issues, including exempt classifications, payroll, leaves of absence, discipline, grievances, terminations and reductions in force. Her expertise extends to individual discrimination and wrongful termination cases, as well as systemic discrimination and wage and hour class actions. Lately, cases involving domestic workers have been on the rise, she noted.

“I’ve had four nanny cases in the last 18 months,” she said. “People don’t think about it much when they become an employer.” At one recent business lunch, she said she was surprised to hear that many of the practicing attorneys in attendance pay their children’s nannies “off the books.” Others confessed to not keeping track of household employees’ hours or paying overtime, instead simply offering extra cash at the end of a week if the worker stayed late one or more evenings.

“As a California employment lawyer, I shuddered,” she said, noting the potential pitfalls — liability for taxes, back pay, penalties, attorney fees, even on-the-job injuries. She has drafted a sample “Nanny Contract” to show people who need to see it. “Due to a significant recent uptick in household employees claims, you can’t be too careful.”

In 2013 the Legislature enacted a Domestic Workers Bill of Rights as part of the Labor Code. Among other provisions, it extends overtime pay rights to certain personal attendants working in the home who were not previously entitled to such pay. “It changed the landscape, because it included lots of little things that would trip someone up.” It covered such topics as whether meal and lodging credits can be applied by an employer against a domestic worker’s wages, depending on the nature of a voluntary written agreement entered into by the parties before the work is performed.

Von Eschen said the nanny cases she has dealt with are strictly confidential. “These matters are almost closer to family law than to standard labor law. They can get very emotional,” she said. “In some cases the family gets sued for harassment. If someone is let go and there is bad blood, they can claim the family retaliated when asked about wage calculations. My advice is always: keep good records.”

She is a veteran speaker on topics ranging from employment law claims in general to the more specific issues related to sex discrimination. “Smart employers are asking what they need to do to fend off such claims,” she said.

— John Roemer