After 40 hours its time and a half, wake up nannies and smell the coffee!!!

[Anonymous]

When we get hired open your eyes, after 40 its time and a half, not the same amount for 45 or 50 hours, so wake up and parents stop cheating!!

[Anonymous]

It's actually not that simple, OP.

In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.

For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).

[Anonymous]

Anonymous wrote:It's actually not that simple, OP.

In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.

For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).

She's full of herself. Lol.

[Anonymous]

Anonymous wrote:It's actually not that simple, OP.

In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.

For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).

I guess it is important to clarify this so if the nanny one week works 60 hours, those additional 10 hours are paid $20.46 per hour and not $15 (or $13.64)

[Anonymous]

I think PP is wrong about it being ok for the base / OT amts to be implicate instead of explicate in the contract.
You can negotiate based on avg rates against a fixed amt of guaranteed hrs each week. But the contract needs to spell out the base rate. And yes one reason this is so important is so that if a family needs an extra 2 hours one week, they need to pay at the contract's specified OT rate, not the avg rate.

[Anonymous]

Anonymous wrote:I think PP is wrong about it being ok for the base / OT amts to be implicate instead of explicate in the contract.
You can negotiate based on avg rates against a fixed amt of guaranteed hrs each week. But the contract needs to spell out the base rate. And yes one reason this is so important is so that if a family needs an extra 2 hours one week, they need to pay at the contract's specified OT rate, not the avg rate.

You're right, she is unequivocally WRONG and her advice could get someone in trouble. Since there is no actual government recognized thing as an average hourly rate, unless you specify the actual base and OT rates in the contract, the rightful assumption will be that you were paying your nanny at $15/hour and failed to pay the OT. Personally, I always negotiate a normal hourly rate as my base and expect a true OT rate of 1.5 times my otherwise appropriate base rate. 50 hours is going to cost you, and in my opinion, it should. That being said, if you're going to take the "average" rate approach, specify the true rates to cover your ass.

[Anonymous]

Nannies are ALWAYS NON EXEMPY EMPLOYEES. This means they are HOURLY employees and MUST be paid an hourly wage. This is Federal law.

[Anonymous]

Very common to set total weekly wage for fixed number of hours. Work backward from that to regular wage and OT wage. Specify these in contract and/or payroll service (or excel spreadsheet used to calculate pay, whatever). Extra OT hours paid at OT rate. Nothing illegal about this.

[Anonymous]

Anonymous wrote:Nannies are ALWAYS NON EXEMPY EMPLOYEES. This means they are HOURLY employees and MUST be paid an hourly wage. This is Federal law.

And the sky is blue.

Your statement is true but does not mean that the structure above is illegal.

[Anonymous]

Very common to set total weekly wage for fixed number of hours. Work backward from that to regular wage and OT wage. Specify these in contract and/or payroll service (or excel spreadsheet used to calculate pay, whatever). Extra OT hours paid at OT rate. Nothing illegal about this.

+1.

[Anonymous]

This thread again?!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Nannies are ALWAYS NON EXEMPY EMPLOYEES. This means they are HOURLY employees and MUST be paid an hourly wage. This is Federal law.

And the sky is blue.

Your statement is true but does not mean that the structure above is illegal.

Yes, it does mean it is illegal. You may guarantee hours but OT kicks in over 40hrs. Legallt, household employees cannot be salaried. Kust bevaise you ate cheap and have no qialms about screwing your children!s caregiver only makes you look cheap and mean.

[Anonymous]

Anonymous wrote:Very common to set total weekly wage for fixed number of hours. Work backward from that to regular wage and OT wage. Specify these in contract and/or payroll service (or excel spreadsheet used to calculate pay, whatever). Extra OT hours paid at OT rate. Nothing illegal about this.

You can work yourself sideways if you want, as long as you're forward with the nanny. You'll only cheat yourself if you try to get over on her.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's actually not that simple, OP.

In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.

For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).

I guess it is important to clarify this so if the nanny one week works 60 hours, those additional 10 hours are paid $20.46 per hour and not $15 (or $13.64)

exactly. $20.46 is the overtime rate for any additional off-contract hours.

[Anonymous]

OT means over 40 hours, not "off contract" (Dept of Labor has no such term).