Earlier this summer, New York Senator Andrew Lanza and Assemblyman Steve Otis together announced a new piece of legislature which could have a profound effect on the childcare industry. The bill which they have proposed to Governor Cuomo essentially serves to criminalize the misrepresentation of a caregiver's qualifications or experience. If this bill is passed into law, not only will it provide much more concrete reassurance for parents who are seeking qualified childcare, it will also serve to legitimize the job market for nannies themselves who could have a greater precedent to demand better working rights as domestic employees.
This new passage of legislation will hold legally accountable anyone who is applying for an in-home childcare position, or providing a reference on behalf of the individual being considered. In either instance, an individual who is found to have provided a false written statement in support of oneself, or another person, for purposes of securing employment as a caregiver to children in the home, could now be found guilty of a Class A Misdemeanor and face up to 6 months imprisonment. The bill would target those who make false statements about the applicant’s background related to their ability to safely provide care.
To many, the introduction of such a bill might seem extraneous, something of a given. Unfortunately, this is far from the case. The supplying of false references, and mis-information by nanny candidates is rampant, common practice by applicants who lack actual experience or qualification in the field. For busy parents who do not have the time or resources to conduct thorough background checks and employment verification, these discrepancies fall quietly through the cracks. What is further, however, is that up until this point, there is no legal ramification holding nanny candidates, or fictitious references, accountable for providing false information in pursuit of employment.
Essentially, right now a nanny who you have hired based on false information, cannot be held accountable for misrepresenting their qualifications in a court of law. The consequences of these distortions of the truth become tragic when, as in the epithetic case of Lulu and Leo Krim, parents hire an unqualified and improperly vetted nanny based on false accounts of experience by the candidate and others. It is the Krim parents themselves who have worked tirelessly in the years since the deaths of their two young children to bring this new piece of legislation into reality. The 2012 murder of their children Lulu and Leo Krim at the hands of their caregiver who had no previous experience caring for children highlighted the need for greater scrutiny of those who seek these positions.
Assemblyman Otis, stated, "With this legislation, New York law will be clear that misrepresentation of qualifications for caregivers for children is against the law. With accurate information, the safety of families and children will be safeguarded.” Future parents can rest a little easier, when leaving their child in the hands of a hired caretaker, that the individual is who they say they are, and actually has the experience stated on their resume.
Additionally, this new bill provides that “caregiver” be defined as someone hired to provide fifteen or more hours of care per week in the home of such children or in the home of the caregiver, with the exception of those entities licensed under the social services law. For nannies, the definitional provisions of this new bill could actually be a professional asset. By giving a clear and explicit interpretation to the definition of domestic work, this law could lay a foundation for future legislation regarding caregiver and other in-home roles. Until 2010, when New York became the first state to enact a Domestic Workers Bill of Rights, domestic workers existed largely starved of any state-sanctioned workers rights. Even now, the rights for in-home employees are much less comprehensive than for workers of most other sectors. While Lulu and Leo's Law, on the one hand, aims to increase accountability by domestic workers by obliging them to provide factual resumes and references, this increased legitimacy for domestic workers will, in turn, give a greater precedent for these workers to demand certain legal rights from their employers and from the law. Every step to legitimize the scope of domestic work, is a step in the right direction!
Unfamiliar with Lulu and Leo's story? Read up on their organization here.
Are you a nanny here in NYC and wondering how the enactment of Lulu and Leo's law will affect you? Get in touch with us and ask us any questions and we're happy to try and answer them!
Are you ready to redo your professional nanny resume, and make sure its up to par? Check out our previous blog-post on How to Write a Nanny Resume Like a Champ
The devastation of Hurricanes Harvey and Irma during this past month will have lasting affects on our entire nation. Your children are noticing this too, and most assuredly have some emotional response, whether they have shared this or not.
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