Overtime?

[Anonymous]

We're hiring a summer nanny for the first time and I want to make sure I'm following all the US labor laws. Is there a law that stipulates that you pay time and a half overtime, or is that just something that employers offer as a benefit. I can't seem to find the answer to this anywhere.

[Anonymous]

http://lmgtfy.com/?q=nanny+overtime+pay+laws

[Anonymous]

Anonymous wrote:
We're hiring a summer nanny for the first time and I want to make sure I'm following all the US labor laws. Is there a law that stipulates that you pay time and a half overtime, or is that just something that employers offer as a benefit. I can't seem to find the answer to this anywhere.

Obviously you didn't do your research very well.
Nannies are hourly employees and, as such, legally entitled to time and a half any hours over 40 per week. The DOL, any reputable payroll service/accountant, or even just a quick search of this forum would have lead you to this information.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
We're hiring a summer nanny for the first time and I want to make sure I'm following all the US labor laws. Is there a law that stipulates that you pay time and a half overtime, or is that just something that employers offer as a benefit. I can't seem to find the answer to this anywhere.

Obviously you didn't do your research very well.
Nannies are hourly employees and, as such, legally entitled to time and a half any hours over 40 per week. The DOL, any reputable payroll service/accountant, or even just a quick search of this forum would have lead you to this information.

This poster is correct OP, but please ignore her tone. Lots of new employers are unaware of this legal requirement, and the fact that you are researching at all is great!

[Anonymous]

It's required by law.

[Anonymous]

Anonymous wrote:http://lmgtfy.com/?q=nanny+overtime+pay+laws

This.

[Anonymous]

Thanks for the helpful comments.

I actually DID google it, but I looked at overtime laws generally and not specifically to nannies.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:
We're hiring a summer nanny for the first time and I want to make sure I'm following all the US labor laws. Is there a law that stipulates that you pay time and a half overtime, or is that just something that employers offer as a benefit. I can't seem to find the answer to this anywhere.

Obviously you didn't do your research very well.
Nannies are hourly employees and, as such, legally entitled to time and a half any hours over 40 per week. The DOL, any reputable payroll service/accountant, or even just a quick search of this forum would have lead you to this information.

This poster is correct OP, but please ignore her tone. Lots of new employers are unaware of this legal requirement, and the fact that you are researching at all is great!

Posting on DCUM is not "researching" for an issue like this. Sorry if I didn't pat OP on the back fo failing to perform a basic function of becoming an employer.

[Anonymous]

And your tone, PP, pretty much sucks. Why attacks someone for posting on a community board about a topic around which there is a good deal of confusion? There seems to be a lot of misdirected anger around here.

[Anonymous]

MB here.

Legally, anything over 40 hrs needs to be paid time and a half.

Ignore the posters on here that will say you only have to pay OT if nanny works more than the hours specified in contract. I.e some parents argue if the contract states a nanny works 50 hrs a week, overtime doesn't kick in until over 50 hours. This isn't true

[Anonymous]

Check your state labor laws because some areas OT is paid at over 8 hrs/day.

[Anonymous]

Anonymous wrote:MB here.

Legally, anything over 40 hrs needs to be paid time and a half.

Ignore the posters on here that will say you only have to pay OT if nanny works more than the hours specified in contract. I.e some parents argue if the contract states a nanny works 50 hrs a week, overtime doesn't kick in until over 50 hours. This isn't true

Who has ever said anything like that? When you guarentee hours, of course, the OT is worked into the total guarentee amount (so 50 hours guarenteed at $10/hr - for easy math- base rate is guarenteed $550)
You only pay $15/hr /extra/ in that example if you go over 50 hours.

[Anonymous]

What a lot of people do is figure out the average rate they're willing to pay, say $20 for 50 hours. Then, they back-engineer the base pay and overtime rate. So, for my example, the nanny would make $1000 a week, but her actual base rate would be about $18/hr and her overtime rate $27/hr. Any hours over those included in the contract would be at the overtime rate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:MB here.

Legally, anything over 40 hrs needs to be paid time and a half.

Ignore the posters on here that will say you only have to pay OT if nanny works more than the hours specified in contract. I.e some parents argue if the contract states a nanny works 50 hrs a week, overtime doesn't kick in until over 50 hours. This isn't true

Who has ever said anything like that? When you guarentee hours, of course, the OT is worked into the total guarentee amount (so 50 hours guarenteed at $10/hr - for easy math- base rate is guarenteed $550)
You only pay $15/hr /extra/ in that example if you go over 50 hours.

There has been a poster recently who is either confused by this, or is advocating ignoring OT all together and they have posted that nannies are only entitled to OT after their agreed upon schedule, which is simply not true. I really think MBs shouldn't be so quit to trot out the average rate trope whenever a question of rates is asked. It is unnecessarily confusing and inflammatory, and it obviously leads some to go about advertising and paying rates incorrectly. As a nanny I find the whole thing offensive to nannies who know exactly what they mean when they quote you a rate, and predatory to uninformed nannies.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:MB here.

Legally, anything over 40 hrs needs to be paid time and a half.

Ignore the posters on here that will say you only have to pay OT if nanny works more than the hours specified in contract. I.e some parents argue if the contract states a nanny works 50 hrs a week, overtime doesn't kick in until over 50 hours. This isn't true

Who has ever said anything like that? When you guarentee hours, of course, the OT is worked into the total guarentee amount (so 50 hours guarenteed at $10/hr - for easy math- base rate is guarenteed $550)
You only pay $15/hr /extra/ in that example if you go over 50 hours.

There has been a poster recently who is either confused by this, or is advocating ignoring OT all together and they have posted that nannies are only entitled to OT after their agreed upon schedule, which is simply not true. I really think MBs shouldn't be so quit to trot out the average rate trope whenever a question of rates is asked. It is unnecessarily confusing and inflammatory, and it obviously leads some to go about advertising and paying rates incorrectly. As a nanny I find the whole thing offensive to nannies who know exactly what they mean when they quote you a rate, and predatory to uninformed nannies.

I'm the MB originally quoted and yes, this is what I was getting at.