My boss refuses to pay me for hours worked!

[Anonymous]

And she says this is all legal!

I have been at this job for 2 weeks now, I am a weekend nanny in New York. I was hired with the title as 24 hour nanny. I setteled on a very low rate (based on my experience & education) of $15/hr. I settled, because I though I would be paid for 72hrs worked, plus OT for hours over 40. So my weekly check should have been $1320 per a weekend or Sat 7am-Monday 7am. But my salary was close to $720!!! I was not paid OT or at all for 24hrs!

My boss explained that 24hr nannies only get paid for 16hrs out of the 24hr period. If they can sleep for 8hrs a night. But....I'm still working those hours!!! The child is two, but he still wakes up and cries a few times a night. I have to have the monitor on at all times, and my room is next to his. If he needs an adult, I am supposed to go in and comfort him and let the parents sleep. The parents supposedly party to all hours of the morning- so I am the one in the house who is responsible and on duty. I'm not supposed to leave at night, because I'm working. I may get to sleep, but it's a restless sleep because I'm alert to anything the child needs.

Why should I sleep there for 8 hrs a night if they are not going to pay me for it? If they hired someone just for those 8hrs a night, and that person slept well- they would have to pay her for working right?

They want a 24hr nanny, not a 16hr nanny! So pay me for my time, even if I'm sleeping. So mad !!!!

[Anonymous]

If you work Saturday 7 AM to Monday 7 AM, that is only 48 hours. 48 hours times $15 is $720. 40 hours times $15 plus 5.34 hours times $22.5 (time and a half OT) is $720. I don't know the law/what your contact says about hours sleeping but presumably you slept for at least 3 hours over the weekend, right? Sounds like they paid you for all hours worked or am I missing something (or doing the math wrong?). Where does the 72 hours come from?

[Anonymous]

Woops- I work from Friday 7am.

[nannydebsays]

Yeah, you at least need to be paid by the quarter- or half-hour every time you have to get up at night, and if you do not actually "live-in" 24/7/365, you are entitled to OT, as far as I know.

You need to contact a nanny tax service, and ask them to go through the issue with you. I bet most of them would have documentation you can show your boss so that you get paid properly.