MB and DB Keep Going On Vacation

[Anonymous]

MB and DB are going on their third vacation since September. Each time they go on vacation I cover the extra hours, but they do not pay overtime. I have spoken with the nanny agency that placed me with this family and they said I should not ask for overtime. What do you all think? I know the law says that I should get paid overtime, but how many families actually abide by the law?
My second question is, how do I tell MB and DB that I do not want to work extra hours while they are on vacation? They have been very stingy about giving me vacation so I no longer want to work extra and aid them in taking multiple vacations.

[Anonymous]

As long as you allow them to take advantage of you, they will.

[Anonymous]

What state are you in? You should report your bosses and the agency for illegal activity.

[Anonymous]

MB here. I wonder if your agency has some guarentee still in place. I can't imagine any reason, other than a significant conflict of interest, that would lead them to give you such bad advice.

[Anonymous]

Start looking for a new job. I can't imagine why on earth an agency would tell you to NOT ask to be paid the overtime you deserve. We take our nanny on vacation sometimes and pay for however many hours are worked.

Look up what the law is in your state, print it out, and tell the parents you'd like to meet with them. Hand them the print-out and say something like, "This was recently brought to my attention - that I'm supposed to be paid overtime for any hours worked over 40 in a week (or whatever the law in your state says) and looking over my past hours, specifically when I've gone on vacations with you, that hasn't happened."

Now OP, it's up to you what you do next. If you want to say that going forward they must pay you and you'll let the past go, you can. Or you can demand payment for past vacations (but have those figures worked out so you can hand them a sheet of paper so they can see how many hours you worked, how much you earned vs how much they paid you. Or, you can still give them that sheet, and offer that since it was an oversight on both your parts, you would be content to receive half of what they owe you and going forward they will of course, obviously comply with the laws regarding overtime payment.

But I'd start looking for a new job in case this talk doesn't go well.

[Anonymous]

OP, what state are you in?

[Anonymous]

Anonymous wrote:OP, what state are you in?

I live in Illinois.

[Anonymous]

Most nannies on this board stand very strong on the belief that they should be paid legally, which involves being paid for overtime.

I work under the table (no taxes taken out) and am not paid overtime. I work 54 hours per week and get paid the same hourly rate for every hour, even those above 40. I am not bitter about this and I don't mind.

I don't know why but for some reason families in my area just aren't accustomed to paying overtime. I have gone on interviews and mentioned it and families were automatically shocked and turned off by me asking if anything over 40 hours was paid at time and a half. I stopped asking because I didn't want a family not to call me back over it.

If I was hired through an agency and having taxes taken out then I would probably require that they pay overtime. If you don't even want to be working the extra hours then I would certainly require any additional hours that they do work be paid at time and a half.

[Anonymous]

I don't know that an agency would require that taxes are paid. As long as they get their money, they don't much care about your taxes getting paid. They usually have a clause that protects them, even though they often know that taxes will not get paid.

[Anonymous]

I should clarify I that I don't go on vacation with them. I stay home with the other children.

[Anonymous]

*their children

[Anonymous]

Why did your agency tell you not to ask for OT?

[Anonymous]

You tell them you are not available the extra hours plain and simple. If you report them you better plan on getting a new job.

[Anonymous]

You tell them you are not available the extra hours plain and simple. If you report them you better plan on getting a new job.

[Anonymous]

First, start looking for a new position. When you have several possibilities lined up, have a talk with your bosses about the fact that you are owed OT for all hours worked over 40, and that you:

1) Want all the money they owe you, and have the hours listed
2) Feel that since it was a mutual oversight you will accept 50% of what they owe you
3) Will no longer work OT without compensation at your OT rate

Frankly, if they are stingy with YOUR vacation, I would not expect any of the above options to go over well with them. In that case, you give notice once one of your job possibilities pans out and you have a contract in hand for a new job.

Then you decide if you want to take your (ex)bosses to the IL Wage and Labor (Wage and hour?) board and make a case for forcing them to pay what they owe you.