Overtime pay?

[Anonymous]

We recently hired a pt afterschool nanny after having au pairs for many years. We guarantee 15 hours and then agreed to of course pay her for any additional hours.
I sent her payment today for the week (she’s been with us for @6 weeks since the start of the school year) and she texted me and said “you miscalculated I worked 3 hours overtime which is $135. I said I had calculated that she worked 18 hours, and asked if that was wrong and she replied yes but that “remember the overtime is $45 hourly not $30”.

I paid the difference today (it was $45) but I never had a conversation with her that any additional hours would be at time and a half and I’ve never heard of someone who works less than full time getting time and a half for the extra hours. I know it isn’t a huge amount but it isn’t sitting right and I wanted to solicit opinions from others as to whether paying any extra time even if it’s under 40hr/week is deserving of overtime pay?

[Anonymous]

I would have made the same assumption you did. Anything under 40 hours is regular pay rate even if it it’s more than her scheduled part time hours

[Anonymous]

Anonymous wrote:I would have made the same assumption you did. Anything under 40 hours is regular pay rate even if it it’s more than her scheduled part time hours

+1

[Anonymous]

Overtime is after 40 hours. You are correct.

[Anonymous]

Ok…. I paid it because I don’t feel like this is a conversation to have over text, but on Monday I will clarify and tell her that overtime is over 40 hours, we will pay time and a half if we reach that but that we had been paying her up to now $30/hr for all the hours and this isn’t the first time she worked more.

[Anonymous]

If you agreed to 15 and she’s going out of her way to work extra then you should consider OT or renegotiate for more weekly hours.

[Anonymous]

Anonymous wrote:If you agreed to 15 and she’s going out of her way to work extra then you should consider OT or renegotiate for more weekly hours.

No way, 18 hours is not overtime in the traditional or legal definition. Even if she is adding up her day job and is collectively working more than 40 hours, that’s not on you. No way. I would be very clear about this going forward.

[Anonymous]

Anonymous wrote:If you agreed to 15 and she’s going out of her way to work extra then you should consider OT or renegotiate for more weekly hours.

She agreed to the terms of the job which is 15 guaranteed and being flexible to stay later on occasion. While I realize it’s difficult to have good pt help I am already paying $30/hr which is on the high end plus she very often has worked less than 15 hours/week and has been paid at least the minimum every time.

[Anonymous]

Someone else will snatch her up quickly after she quits.

[Anonymous]

I had a similar issue with a part time nanny.
After the 1st time (and like you) I paid as I chalked up to a miscommunication.
But I scheduled time with her the following week and explained that the hourly rate was X$/hr. That on a weekly basis there was a guaranteed 15 hours and she would be paid 15*X. That if we needed for more than 15, the hourly rate is X$/hr and that only after she worked 40 hours does time and a half apply.

[Anonymous]

YTA

[Anonymous]

Anonymous wrote:Someone else will snatch her up quickly after she quits.

This.
While you are correct, you need to consider how badly you need this part time employee. If you are totally fine with not having after school help at all, then go ahead and die on this hill.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Someone else will snatch her up quickly after she quits.

This.
While you are correct, you need to consider how badly you need this part time employee. If you are totally fine with not having after school help at all, then go ahead and die on this hill.

OP is already paying $30/hr. She won’t find someone willing to pay that plus OT for 16 hours. Doubt this will drive her to quit. Nanny just doesn’t understand how OT works.

[Anonymous]

Anonymous wrote:Someone else will snatch her up quickly after she quits.

Unless this woman is Mary Poppins I find it unlikely that there will be loads of people clamoring to pay 30-45/ hour for a babysitter with a healthy dose of entitlement and flawed sense of logic.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Someone else will snatch her up quickly after she quits.

Unless this woman is Mary Poppins I find it unlikely that there will be loads of people clamoring to pay 30-45/ hour for a babysitter with a healthy dose of entitlement and flawed sense of logic.

This. She was either confused about the OT rules, or not confused and trying to add an unnegotiated contract term after the fact. Not a good start to an employment relationship.