Overtime Question

[Anonymous]

What is the standard practice regarding paying a nanny OT for paid holidays/vacation/sick leave? Is it it standard practice to pay your nanny the OT rate on days she isn't physically working? For example our nanny will be working 10 hour days so we pay her time and a half for anything over 40 hours (OT for 2 hours each day or 10 hours per week). I've been told that under DC law we don't legally have to pay the OT rate (we are only required to pay the regular rate for the 10 hours) on days she does not physically work (like a Federal holiday). Thank you in advance for sharing your thoughts on this issue.

[Anonymous]

If she is guarenteed 5pm hours/week, I'd go ahead and pay the OT even in a holiday week. It may be more generous than the letter of the law, but i think it upholds the spirit of guarenteed hours, which is about guaranteeing income.

If however, you were ever in a situation where you were talking about OT above him guarenteed hours (unusual for s 50 hour week... But it could happen) then, no, I'd only pay the additional hours at OT rate if actually more than 40 hours were worked.

[Anonymous]

Anonymous wrote:If she is guarenteed 5pm hours/week, I'd go ahead and pay the OT even in a holiday week. It may be more generous than the letter of the law, but i think it upholds the spirit of guarenteed hours, which is about guaranteeing income.

If however, you were ever in a situation where you were talking about OT above him guarenteed hours (unusual for s 50 hour week... But it could happen) then, no, I'd only pay the additional hours at OT rate if actually more than 40 hours were worked.

+1

The spirit of guaranteed hours and holiday pay is that a nanny can depend on the same paycheck every week. If you tried to not include the overtime rate I'd be pretty upset.

But I agree with PP, if your nanny is doing work outside her normal schedule, but due to holidays still worked fewer than 40 hours that week, I think it's ok to pay those extra hours at her normal rate. Just be sure this is something you discuss and agree upon up front.

[Anonymous]

Us she live in? If so, you do not have to pay OT but you have to pay straight hourly rate. If she is live out, you o sy OT.

[Anonymous]

Anonymous wrote:Us she live in? If so, you do not have to pay OT but you have to pay straight hourly rate. If she is live out, you o sy OT.

You pay OT.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If she is guarenteed 5pm hours/week, I'd go ahead and pay the OT even in a holiday week. It may be more generous than the letter of the law, but i think it upholds the spirit of guarenteed hours, which is about guaranteeing income.

If however, you were ever in a situation where you were talking about OT above him guarenteed hours (unusual for s 50 hour week... But it could happen) then, no, I'd only pay the additional hours at OT rate if actually more than 40 hours were worked.

+1

The spirit of guaranteed hours and holiday pay is that a nanny can depend on the same paycheck every week. If you tried to not include the overtime rate I'd be pretty upset.

But I agree with PP, if your nanny is doing work outside her normal schedule, but due to holidays still worked fewer than 40 hours that week, I think it's ok to pay those extra hours at her normal rate. Just be sure this is something you discuss and agree upon up front.

MB here and I agree with both of these answers.

[Anonymous]

You only have to pay OT for hours worked.

You could choose to pay OT in other situations, but that would be a perk. That should be clear between you and the nanny.

[Anonymous]

Anonymous wrote:What is the standard practice regarding paying a nanny OT for paid holidays/vacation/sick leave? Is it it standard practice to pay your nanny the OT rate on days she isn't physically working? For example our nanny will be working 10 hour days so we pay her time and a half for anything over 40 hours (OT for 2 hours each day or 10 hours per week). I've been told that under DC law we don't legally have to pay the OT rate (we are only required to pay the regular rate for the 10 hours) on days she does not physically work (like a Federal holiday). Thank you in advance for sharing your thoughts on this issue.

I'm a nanny and I only expect to be paid OT for the hours I physically work. That's the law.

We use computer program that works this out for us as it keeps track of each type of hours I work (regular, vacation, sick, holiday, etc.). and calculates the OT accordingly.

[nannydebsays]

I think this is a situation where following the law is fine as long as employers know that most nannies will not know the law, and will likely be hurt and/or angered that what they see as half of their grocery money is being haggled over by people more well off than they are.

For example, let's say that Nanny Jane will be off Christmas Day only, and will work her regularly scheduled 11 hour days pre- and post-Christmas. Nanny Jane makes $15/hour, $22.50/hour for overtime.

Is it wiser for her employers to pay her for 4 11 hour days and an 8 hour day (52 hours), or to pay her for her regular 55 hours/week?

Paying Jane for 52 hours Christmas week saves her employers $67.50. Is that savings worth it? Or would it be smarter and better practice to pay Jane her normal rate?

Employers need to decide this for themselves, based on the legalities and the nuances of a close employee/employer relationship.

[Anonymous]

nannydebsays wrote:I think this is a situation where following the law is fine as long as employers know that most nannies will not know the law, and will likely be hurt and/or angered that what they see as half of their grocery money is being haggled over by people more well off than they are.

For example, let's say that Nanny Jane will be off Christmas Day only, and will work her regularly scheduled 11 hour days pre- and post-Christmas. Nanny Jane makes $15/hour, $22.50/hour for overtime.

Is it wiser for her employers to pay her for 4 11 hour days and an 8 hour day (52 hours), or to pay her for her regular 55 hours/week?

Paying Jane for 52 hours Christmas week saves her employers $67.50. Is that savings worth it? Or would it be smarter and better practice to pay Jane her normal rate?

Employers need to decide this for themselves, based on the legalities and the nuances of a close employee/employer relationship.

I gage with most of what's been said by other posters. Nanny Deb is right about the cost/benefit trade off.

[Anonymous]

MB here. Guaranteed hours for us means same pay regardless of holidays, PTO, or us taken if off. The only time it doesn't apply is during her 2 week vacation during the summer. But we agreed on that during the contract negotiations. She was guaranteed to have those 2 weeks off, we don't pay the 5 hrs of OT for each week.

It's half so that she is happy and half because I really don't want to have to think about it and it's way easier to just do the same amount each week

[Anonymous]

nannydebsays wrote:I think this is a situation where following the law is fine as long as employers know that most nannies will not know the law, and will likely be hurt and/or angered that what they see as half of their grocery money is being haggled over by people more well off than they are.

For example, let's say that Nanny Jane will be off Christmas Day only, and will work her regularly scheduled 11 hour days pre- and post-Christmas. Nanny Jane makes $15/hour, $22.50/hour for overtime.

Is it wiser for her employers to pay her for 4 11 hour days and an 8 hour day (52 hours), or to pay her for her regular 55 hours/week?

Paying Jane for 52 hours Christmas week saves her employers $67.50. Is that savings worth it? Or would it be smarter and better practice to pay Jane her normal rate?

Employers need to decide this for themselves, based on the legalities and the nuances of a close employee/employer relationship.

I totally agree with you on this issue and I think most posters have too. That's the point of guaranteed hours so that the nanny knows she's being paid the same amount every week. While it might be legal it certainly doesn't maintain good relations to dock her pay for a paid day off.

I do think there could be 1 exception to this though. Let's say Nanny Jane normally works 9 hour days for a total of 45 hours a week. She doesn't work Christmas Day but on another day that week she works 1 extra hour. So she's worked a total of 37 hours that week. 36 are her regular hours and 1 is extra. She should still be paid her normal rate for when she works 45 hours, including the 5 of OT AND she should be paid for the extra hour she worked BUT that extra hour should be at her regular rate not OT.