If the employer is noncompliant, she can easily be forced to pay up all back wages owed. No brainer. |
7:17 - you replied to my post. I was clear in laying out the hours as well. For any time past the set hours ( rare) the contract lays out the OT rate. |
Read the bolded and try to keep up, fool. |
Your chosen nannies must be super intellegent. |
Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001 |
No, taxes are based on total income, not the rate. |
Then what is the issue here? A higher rate per hour averages to the same as a lower rate plus OT as long as the math is done correctly. |
Lots of nannies are not being paid time and a half for OT, and should be. Everything over 40 hours is OT. This includes most FT nannies. |
I think this is the point. If someone offers you $1,000 a week, you can't tell whether they are offering a lower rate with OT or a higher rate but not counting OT. You have to ask and make it clear. |
Unless the family is asking the nanny to work hours over those agreed upon initially, it makes no difference. $1000 for x number of hours is still $1000 dollars for x number of hours regardless of how it's broken down. (Ps I'm a nanny) |
Yes I know. But then you can't later say they weren't paying you overtime. It needs to clearly state the hourly rate even if that's not how youre paid. |
When your employee reports you, you are the one who must produce documentation proving that you fairly paid OT wages. What part don't you understand? |
This is exactly how it went for us. Our nanny wanted guaranteed hours at an averaged rate of $20/hrs. So we backed into the calculation and determined the base and OT rate that averaged to $20 for her guaranteed hours. |
Exactly. The issue arises when a nanny doesn't communicate that her rate of $15/hour is her straight time rate, and she expects $22.50 for any hours over 40. That nanny runs into employers who offer her a job for $800/week gross for 50 hours, nanny signs the contract, and then realizes she is getting "cheated" out of her OT rate. At that point, the employers are going to get into trouble with the state wage and labor board if they didn't "back out" their weekly gross into an hourly rate and an OT rate. (In my above example, nanny makes $14.54/hour and $21.81 for OT. If she got $15/hour and $22.50/OT, she'd gross $825/week) Of course, if they did break the rate down and nanny signed the contract, nanny has nowhere to go with her complaints. Yet another reason the nanny industry needs specific standards, including explanation of OT laws, information on why paying legally is important for both sides, and all the other minutia that goes with the industry. |
More employers need to get sued and the stupidity will stop. Just watch. |