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. |
Yes, you do owe her legal OT wages. |
yep. |
OK thx good to know - what's the source of the requirement? Appreciate it. |
Also, I assume the same rule applies to live-in vs. live-out (ours is live-in) but just wanted to confirm . . . |
Where are you located, OP? |
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. |
OP - thx. We are in VA and have a live in. |
How many hrs is she working? |
Base of 40-hrs per week tied to her annual salary. |
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. |
16:41 - you mean for live-in, right? Pretty sure everywhere requires live-out nannies to be paid time and a half for OT. |
Live-ins get screwed over and over. |
Yes, I was speaking of live-ins. Nannies, do your research so youdo not get screwed. |