Flex schedule and overtime pay question

[Anonymous]

Anonymous wrote:Structure her hours in such a way, do it bi-weekly pay like a corporate job instead of weekly, so her total hours for the whole 2 weeks remain below or at 80 and then you can avoid the overtime for the 1 week each set. That how I do it.

This is illegal and you are probably hiring an illegal.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Structure her hours in such a way, do it bi-weekly pay like a corporate job instead of weekly, so her total hours for the whole 2 weeks remain below or at 80 and then you can avoid the overtime for the 1 week each set. That how I do it.

That is 100% illegal. Any hourly employee must be paid overtime for any time worked over 40 hours in a 1 WEEK PERIOD. You are breaking the law and screwing your nanny.

Not if you pay every 2 weeks or bi monthly its not.

Overtime is based on a 7 day work week. You CAN pay biweekly but the OT calculation has to be done for each week in the period. So if it is 30 hours one week and 45 the next, totally 75, 70 are at regular rate and 5 are at overtime. It's the law, not a personal preference.

[Anonymous]

Anonymous wrote:How many times must it be said, NANNIES ARE HOURLY EMPLOYEES and you MUST PAY OT. Why is it that so many of you have difficulty with understanding this concept?

This.

[Anonymous]

Anonymous wrote:I am an hourly employee and get OT. I work shift work though and work 80 hours in a 2 week period. This is not illegal. If you pay her every 2 weeks it is legal.
I work for a government agency so I know its legit.

Federal hourly employees are not covered by the FLSA exactly - some do get 1.5x OT pay, others don't depending on the pay grade and step. This is apples and oranges. The nanny IS FLSA non-exempt and IS entitled to 1.5 times her hourly pay for hours over 40 in a 7 day work week.

https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/overtime-pay-title-5/

http://www.dol.gov/whd/regs/compliance/whdfs79d.htm

http://www.homeworksolutions.com/knowledge-center/fair-labor-standards-act-flsa-overtime-rules-and-domestic-employment/

[Anonymous]

You can do this without violating overtime laws, but the nanny has to be willing to shift her compensation request from an hourly rate to a weekly rate that is tied to a fixed number of hours.

Let's say the nanny will work 40 hours in each week A and 50 hours in each week B. She wants to be paid $1000 per week, every week, whether she works 40 hours or 50 hours. You need to give her a contract that says she is guaranteed $1000 per week for a 50 hour work week, calculated at a base hourly rate of $18.19 for the first 40 hours and an overtime rate of $27.28 for the final ten hours. The key to keeping it legal is that you have to explicitly guarantee that she will be paid for 50 hours at the stated hourly rates every week, even if she works less than 50 hours. So, in every week A, she effectively gets ten hours of overtime pay even though she only works 40 hours. Perfectly legal.

There are calculators online, including at gtm.com, that you can use to backout a base and OT rate from whatever weekly pay and maximum number of hours you want to offer.

If for some reason you go over 50 hours in a week, you do have to pay for those hours at the OT rate of $27.28.

[Anonymous]

You have a really stupid babysitter, 1:52.

[Anonymous]

Anonymous wrote:
You have a really stupid babysitter, 1:52.

Actually, they make perfect sense.

[Anonymous]

How ,uch of a difference is any of this going to make? You all are breaking your backs to save a few bucks, while the optics of it are really shitty. If you hired a decently intelligent nanny, she can see the contortions and fancy math you're using to avoid her OT. I would never agree to have a pay period end and begin in the middle of a shift. That's ridiculous and probably against some employment law as the only reason to do it is to skip out on OT. If OP came to me suggesting some fancy math that cost me OT, I'd tell her the best way to avoid OT is to not use more than 40 hours in a week, and that if she wanted me as her nanny that is the only solution I'd accept.