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Anonymous
Is there a legal requirement that we pay time and 1/2 for hours over 40 per week? To date, we have been paying the same hourly rate for OT. We have our nanny on a 40-hr week with a flat annual salary, and then have figured out the hourly equivalent by doing the math to come up with an hourly rate that we use for overtime.
Anonymous
Yes, you do owe her legal OT wages.
Anonymous
yep.
Anonymous
OK thx good to know - what's the source of the requirement? Appreciate it.
Anonymous
Also, I assume the same rule applies to live-in vs. live-out (ours is live-in) but just wanted to confirm . . .
Anonymous
Where are you located, OP?
Anonymous
Anonymous wrote:Also, I assume the same rule applies to live-in vs. live-out (ours is live-in) but just wanted to confirm . . .


No the same laws don't apply to live-ins.
Anonymous
Anonymous wrote:
Anonymous wrote:Also, I assume the same rule applies to live-in vs. live-out (ours is live-in) but just wanted to confirm . . .


No the same laws don't apply to live-ins.


It depends on the state. I believe DC and MD require OT for live-ins beyond 42 hours. Nannies are protected under the FLSA, and this is where the OT requirement comes from.
Anonymous
OP - thx. We are in VA and have a live in.
Anonymous
How many hrs is she working?
Anonymous
Base of 40-hrs per week tied to her annual salary.
Anonymous
If you live on VA, you pay straight time for all hours worked, e.g. if she works 50 hrs and her hourly rate is $15.00hr., you pay her $750 not $500.00.
Anonymous
16:41 - you mean for live-in, right? Pretty sure everywhere requires live-out nannies to be paid time and a half for OT.
Anonymous
Live-ins get screwed over and over.
Anonymous
Anonymous wrote:16:41 - you mean for live-in, right? Pretty sure everywhere requires live-out nannies to be paid time and a half for OT.


Yes, I was speaking of live-ins. Nannies, do your research so youdo not get screwed.
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