What is the legal requirement in DC for over 40 hours of work per week?

[Anonymous]

Back to the topic at hand....

How many MBs follow the "over 8 hours in a day" law? How would you feel about a nanny who approached you about this? I have a great relationship with my bosses, and know they'd never skimp on me intentionally, but we haven't been handling OT this way.

[Anonymous]

The much-maligned MB here. Apologies for my math error! There is no "cheating" going on: If the family is upfront with their average rate ($18/ hr or whatever) with x for the first 40 and y for the last 10. and the nanny doesn't want it, she can turn down the job. It is that simple.

[Anonymous]

Nannies are hourly employees by law. However, many believe they should also reep the benefits of salaried employees as well. They want their cake and eat it too. They want to be paid each week regardless of whether they work or not.

[Anonymous]

Anonymous wrote:Nannies are hourly employees by law. However, many believe they should also reep the benefits of salaried employees as well. They want their cake and eat it too. They want to be paid each week regardless of whether they work or not.

True. We do expect that, because we are available to work every week and you won't keep a good nanny around long if she finds she can't pay her bills because you keep canceling on her. By all means, screw over your nanny. You're the one who'll have to find a replacement.

[Anonymous]

"This is a common way to approach handle OT when the nanny wants guaranteed hours or guaranteed weekly salary based on a workweek that exceeds 40 hours. No one is being cheated and no one has a basis to sue if, as the MB here suggests, the base rate and OT rate are specified in a contract that has been agreed to by the nanny. "

Agree. Also not all nannies DO take the same position that they need X and only X for the first 40 and 1.5X after that. Others focus on an avg rate and others mostly focus on weekley rates (that was my experience when interviewing). If you are the first kind of nanny, you can come back when MB puts it in the contract the "wrong" way and correct her. Then she has the option of saying "ok" or "sorry - we can't afford that rate, so I guess we're not a good match for you".

[Anonymous]

There are so many different (but still legal) ways of communicating hourly rate and salary that really you should start your negotiations from a position of assuming you will need to clarify what you think you are offering/accepting rather than assuming that the other party is trying to screw you.

[Anonymous]

How many DC MBs pay OT for over 8 hours in a day? If you don't/didn't would you comply if your nanny brought it up?

[Anonymous]

Anonymous wrote:Back to the topic at hand....

How many MBs follow the "over 8 hours in a day" law? How would you feel about a nanny who approached you about this? I have a great relationship with my bosses, and know they'd never skimp on me intentionally, but we haven't been handling OT this way.

Actually DC follow Federal law on OT for domestics. The referenced link even acknowledges this: "District of Columbia exempts babysitters, ..."

By exempting domestics from the "over 8 hours in a day" requirement the FLSA 40 hours in a work week for live out workers kicks in...

[Anonymous]

Anonymous wrote:

Anonymous wrote:Back to the topic at hand....

How many MBs follow the "over 8 hours in a day" law? How would you feel about a nanny who approached you about this? I have a great relationship with my bosses, and know they'd never skimp on me intentionally, but we haven't been handling OT this way.

Actually DC follow Federal law on OT for domestics. The referenced link even acknowledges this: "District of Columbia exempts babysitters, ..."

By exempting domestics from the "over 8 hours in a day" requirement the FLSA 40 hours in a work week for live out workers kicks in...

Shady...smh. I have to wonder if the motivations for all of these domestic worker expemptions aren't more than a little self serving for the people that draft them. I'm sure the rich senators, congress people, and lawyers involved use mainly nanny care to fit around their crazy schedules.

[Anonymous]

Anonymous wrote:How many DC MBs pay OT for over 8 hours in a day? If you don't/didn't would you comply if your nanny brought it up?

I do. Voluntarily. Because it is just the right thing, IMHO. She didn't know the rules bc always was under the table before. With her overtime pay she actually takes home about the same as when she was working under the table bit now she gets her SS quarters. And frankly gets most if not all of her taxes back anyway.

[Anonymous]

Anonymous wrote:

Anonymous wrote:MB here. Here's a helpful tip that I learned on this board when you are drawing up your contract. Decide what you want to pay hourly, i.e 18/hr average for 50 guaranteed hrs a week ($900/week). But for the purposes of putting in the contract and making sure that you are compliant with the law, the first 40 hours are paid at ~$16.30 and the last ten hours at ~$24.50. Make sense?

Yeah a helpful tip in cheating your nanny A job worth $18/hour is not worth less because you don't like the idea of paying OT. Nannies should not put up with this crap! If I say my rate is $18/hour, that's precisely what I mean, and if you want more than 40 hours per week I expect to be compensated accordingly, at $27/hour for each subsequent hour. Why else would anyone work 50-60 hours per week, if it didn't amount to a a significantly higher amount of money? Jobs requiring 50 hours should cost more!!

98% of nannies are overpaid anyways so most would be excited to get over $15 per hour. Only the true professionals with the education, certifications and experience are worth it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Nannies are hourly employees by law. However, many believe they should also reep the benefits of salaried employees as well. They want their cake and eat it too. They want to be paid each week regardless of whether they work or not.

True. We do expect that, because we are available to work every week and you won't keep a good nanny around long if she finds she can't pay her bills because you keep canceling on her. By all means, screw over your nanny. You're the one who'll have to find a replacement.

My nanny would be making far less working as a cashier at CVS if it wasn't for me. I don't think i'll need a replacement anytime soon.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Nannies are hourly employees by law. However, many believe they should also reep the benefits of salaried employees as well. They want their cake and eat it too. They want to be paid each week regardless of whether they work or not.

True. We do expect that, because we are available to work every week and you won't keep a good nanny around long if she finds she can't pay her bills because you keep canceling on her. By all means, screw over your nanny. You're the one who'll have to find a replacement.

My nanny would be making far less working as a cashier at CVS if it wasn't for me. I don't think i'll need a replacement anytime soon.

Wow you're a bitch. Guess what? There are other people on this planet with kids.some of them even give a damn about them and the people they hire to care for them. Mind blowing I know. Don't take your nanny for granted, because there are families that would jump at the chance to appreciate a great nanny.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Nannies are hourly employees by law. However, many believe they should also reep the benefits of salaried employees as well. They want their cake and eat it too. They want to be paid each week regardless of whether they work or not.

True. We do expect that, because we are available to work every week and you won't keep a good nanny around long if she finds she can't pay her bills because you keep canceling on her. By all means, screw over your nanny. You're the one who'll have to find a replacement.

My nanny would be making far less working as a cashier at CVS if it wasn't for me. I don't think i'll need a replacement anytime soon.

What makes you think her only options are you or CVS?

And if those are her only options, what makes you feel okay about taking advantage of someone so disempowered by our education/immigration/economic systems?