Do you guarantee hours by the day or by the week?

[nannydebsays]

Anonymous wrote:OP here. Okay so let's play out an example week here.

Nanny usually works Mon-Fri 9-5 (40 hrs). This week nanny's hours were:

Mon 9-5
Tues (Paid Holiday)
Wed 9-5
Thurs 9-7
Fri 9-7

So the nanny only worked 36 hours but is guaranteed 40. Is the nanny paid 40 hours this week, or 44? Shouldn't she get the full 8 hours for the holiday?

It depends on the wording of the work agreement. If your WA says:

"Nanny shall receive the following holidays paid:..."

and also says,

"Nanny shall work 9 am - 5 pm Monday through Friday, for a total of 40 paid hours per week. It is understood that nanny has reserved those 40 hours for employers. Nanny will be paid for 40 hours a week, 52 weeks a year, regardless of whether employers choose to use her services when she is available to work. If nanny works any hours outside of 9 am - 5 pm M - F, she will be compensated at her OT rate of $X per additional hour worked."

then yes, nanny should be paid for 4 OT hours.

[nannydebsays]

And before anyone starts arguing legalities of OT when a holiday was included in the week blahblahblah:

If employers choose to nit pick 4 hours of OT vs. 4 hours of straight pay in a situation like the one OP described, several reactions may take place on the part of the nanny:

1) OK, well, I will refuse to work any additional hours on weeks where I have a paid holiday.

2) I think agreeing to work any more OT is a mistake on my part. The family doesn't seem to value my time very much.

3) Seriously? They pay me $15/hour and can't cough up for 4 hours of OT, instead insisting that a holiday means they avoid paying OT??? So they saved 4 x $7.50, and pissed me off to the point that I am going to be job hunting. Hope the $30 they saved was worth it!

[Anonymous]

nannydebsays wrote:And before anyone starts arguing legalities of OT when a holiday was included in the week blahblahblah:

If employers choose to nit pick 4 hours of OT vs. 4 hours of straight pay in a situation like the one OP described, several reactions may take place on the part of the nanny:

1) OK, well, I will refuse to work any additional hours on weeks where I have a paid holiday.

2) I think agreeing to work any more OT is a mistake on my part. The family doesn't seem to value my time very much.

3) Seriously? They pay me $15/hour and can't cough up for 4 hours of OT, instead insisting that a holiday means they avoid paying OT??? So they saved 4 x $7.50, and pissed me off to the point that I am going to be job hunting. Hope the $30 they saved was worth it!

Nail in the coffin! We said PP!

[Anonymous]

It depends on whether the holiday is agreed to as a paid holiday. If so, she should get 8 hours of pay for the holiday. If not, she should get actual hours worked or the guaranteed minimum, whichever is more.

We guarantee hours by the week, 45 hours per week with holidays specified in the contract paid at 9 hours per day. Although I wish we had guaranteed them by the pay period because my husband has many Fridays off, so we are paying for 45 hours on many weeks we use 36.

[Anonymous]

*well.

[Anonymous]

And before anyone starts arguing legalities of OT when a holiday was included in the week blahblahblah:

If employers choose to nit pick 4 hours of OT vs. 4 hours of straight pay in a situation like the one OP described, several reactions may take place on the part of the nanny:

1) OK, well, I will refuse to work any additional hours on weeks where I have a paid holiday.

2) I think agreeing to work any more OT is a mistake on my part. The family doesn't seem to value my time very much.

3) Seriously? They pay me $15/hour and can't cough up for 4 hours of OT, instead insisting that a holiday means they avoid paying OT??? So they saved 4 x $7.50, and pissed me off to the point that I am going to be job hunting. Hope the $30 they saved was worth it!

Right. Why should we be concerned about the actual legalities of OT when a holiday is involved because, according to you, blahblahblah?

Because maybe the law helps families avoid nannies that wish to take advantage of them by advancing this foolish idea that legal concerns are blahblahblah.

You are delusional, nannydeb, if you think nannies have the upper hand in this situation. Families are not afraid of nannies leaving because there are far more nannies than jobs.

The only good point you have is number one. Refuse to work additional hours on weeks you have a holiday.

[Anonymous]

OP here. I'm afraid I should have used an example with less hours. I am part time and never work over 40 hours a week. So the question was not referring to if overtime was due (which is a good question) but rather those additional hours worked. Sorry for the confusion.

[Anonymous]

This is how we treat guaranteed hours: we pay x for any time nanny is available to work m-f each week from 7-5. It is irrelevant if one day is a holiday, if one if PTO or one is a day we are out of town. If one day that week we asked her to stay until 7 instead then we would owe two hours and yes we simply pay at the OT rate. We think a 10 hour day is long already so use this a bit as a way of incentivizing ourselves to do whatever we can to avoid keeping nanny late.

[Anonymous]

44 hours 4 of which are overtime. Any thing else and you dilute the value of paid holidays.

[Anonymous]

I'm not quite sure why nannies on this board think that the laws should only apply when the situation benefits them. The law clearly states that you are only required to pay an OT rate for hours worked. You can't pick and choose what law to abide by because the outcome is less favorable to you. I see so many of you putting down employers for not doing things legally.

In the example given, I would expect to be paid for 44 hours at my regular rate.

[Anonymous]

Anonymous wrote:I'm not quite sure why nannies on this board think that the laws should only apply when the situation benefits them. The law clearly states that you are only required to pay an OT rate for hours worked. You can't pick and choose what law to abide by because the outcome is less favorable to you. I see so many of you putting down employers for not doing things legally.

In the example given, I would expect to be paid for 44 hours at my regular rate.

In that case I would NEVER work extra hours on a holiday week.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm not quite sure why nannies on this board think that the laws should only apply when the situation benefits them. The law clearly states that you are only required to pay an OT rate for hours worked. You can't pick and choose what law to abide by because the outcome is less favorable to you. I see so many of you putting down employers for not doing things legally.

In the example given, I would expect to be paid for 44 hours at my regular rate.

In that case I would NEVER work extra hours on a holiday week.

Good, no one is asking you too. Some people could use some extra hours.

[Anonymous]

OP, let's use this example since you said you never hit a full 40 hour work week.

M - 12-5
T - paid holiday
W 12-5
T 12-7
F 12-7

That would be your "usual" 25 hour work week, but a holiday thrown in and two days of additional hours.
You should be paid for a 29 hour work week.

[Anonymous]

Anonymous wrote:OP, let's use this example since you said you never hit a full 40 hour work week.

M - 12-5
T - paid holiday
W 12-5
T 12-7
F 12-7

That would be your "usual" 25 hour work week, but a holiday thrown in and two days of additional hours.
You should be paid for a 29 hour work week.

OP here. Thanks! I should have used those hours for my example. That is exactly what I was asking because a lot of times I stay late, but don't want to lose hours from a day off, or a day I am let out early. That's why my contract says the weekly and daily guaranteed hours. Just wanted to make sure this was being fair to both sides.