Reply to Nanny is 10-15 minutes late every day but wants to be paid for the time

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Reply to "Nanny is 10-15 minutes late every day but wants to be paid for the time"

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[quote=Anonymous]Remember that you are an employer, and you must comply with federal and local wage laws in paying your nanny. Nannies are non-exempt employees, so you have to track actual hours worked and must pay over time. This is true even if you pay a salary (the salary forms the basis of determining the hourly rate for over time).

Before docking pay, make sure you have been crystal clear on paper about how you calculate her hours worked and hourly rate and overtime rate, and that your method is legal. Have you told her you track her hours based on the 15-minute increment rule?  If so, then yes, you do not have to count the 15 minutes when she was not there as hours worked, but you can't dock 20 minutes. If she stays 8-15 minutes later that day or another day that week, it will even out.

Many employers track employee hours worked in 15-minute increments, and the FLSA allows an employer to round employee time to the nearest quarter hour.  There is a 7 minute rule that goes in both directions -- 7 minutes or less can be rounded down and 8 or up must be rounded up to 15 (both for time worked and time not worked) (that's why you can dock 15 or 30 but not 20). If you get home 8 minutes late, do you pay her for an extra 15 minutes, including overtime if that puts her over 40 hours that week? (You can also choose to round to the nearest 5 or 10 minutes; the key is that the employee needs to know how they are paid, and you have to be consistent).

You may also treat the chronic lateness as a discipline issue and fire her for it. You cannot use pay docking as punishment though. You must always pay according the the law and the legally compliant agreement you established upon hiring.

If your arrangement with her is loosey-goosey, don't mess with pay until you establish a firm agreement, then abide by it going forward.
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