Flat rate salary or hourly?
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Anonymous
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I got an offer 50 hours a week and the new family suggested they pay me a flat rate ( 500$ weekly payment). They said this is good because if they don't need me I still get paid. Or if I'm late or need to leave early I still get paid too. No laundry, cleaning, cooking etc. I'm independent contractor and I prefer hourly rate. Meaning 40 hours x $12 my rate. 10 hrs is consider my overtime. As you all know nowadays parents always come back late so its not fair for me to get flat rate. Note: I'm not in the expensive city (NY, SF, LA) Any idea? thank in advance. |
Anonymous
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Bad idea.
Check IRS Publication 926. Nannies are hourly employees and not salaryied. Unless you don't pay taxes... then just go ahead and skirt the law. |
Anonymous
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Very bad idea, OP, and illegal. A nanny is an hourly worker by law.
With guaranteed hours, which you should demand, you will have a weekly minimum that you can be paid anyway. It doesn't matter what city you live in - "salary" benefits the employer and not the nanny. |
Anonymous
Turn down that job. Make sure you get guaranteed hours at your rate (that they have to pay whether they need you or not) at whatever job you suggest. |
Anonymous
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A) Nannies are household employees, per the IRS and Wage/Labor. A nanny is *not* an independent contractor. B) Nannies are hourly employees. The only way that salary works is if the family calculates the average hours they would need per week and sets salary at those hours multiplied by hourly rate, plus overtime when applicable *and* if the total hours per week did not exceed whatever hours would divide out to make the hourly rate (less overtime) less than minimum wage. So, say NF wants to pay $10/hr (obviously not in a metro area), but they want a set rate per week. Average of 50 hours per week, salary would be 40*10+10*10*1.5=550.
40*7.25+7.25*1.5*x=550 yields x at 23.9 hours (overtime hours), so the family could legally have the nanny work up to 63.9 hours before being required to pay extra. However, I don't know any nannies who are willing to agree to salary like that. The only nannies who usually do salary are the ones who have the maximum number of hours (like 70-80+) the salary, so it never goes over. Or nannies like me who have a few heavy weeks when kids are off school where we might do the full allotment of hours, maybe up to 5 extra, but most weeks are half or less of the allotment. It's not just about the hours that are being worked, it's also the hours the family wants available for their use. |
Anonymous
| Nannies: NEVER, EVER ACCEPT A SALARIED POSITION. Never. It is never to your benefit. You are guaranteed a certain weekly wage by your guaranteed hours. A salaried job ONLY benefits the employer and is ILLEGAL. |
Anonymous
| Where should she report these parents for their illegal proposal?? |
Anonymous
You cannot report anyone for what they suggest - only for what they do. Even in a pay-for-murder situation, money has to change hands to put the plan into action. |
Anonymous
It all depends on the salary. I have no objection to accepting a salary based on 50 hours maximum at $20/hour ($1100/week), for which the average is about 20 hours. |
Anonymous
I disagree. I reported a family who told me that they required the nanny to use a belt on a toddler and harsher methods on older kids. Police investigated based solely on a phone call. |
Anonymous
That is child welfare - not a salary offer. |
Anonymous
| This is NOT illegal!!! Note to all - it's ONLY illegal if your hourly wage is below mimimum wage. Meaning as long as $500 a week is 40 hours at mimimum wage plus 10 hours OT, it's all legal. $500 gross is likely above that, good wage, accept it! Don't listen to all these people. There is So much confusion.! |
Anonymous
| Employers are ONLY required to pay minimum wage people!!!!!! This is NOT illegal. |
Anonymous
Yes, it is. They can ask her to work any number of hours for one salary. Look it up. It is illegal and I am guessing these people are paying cash - which is also illegal. |
Anonymous
No confusion. There is no way to legally work it out every week with a different hourly rate for the different hours worked to come up with $500 a week exactly. These folks are paying under the table and you know it. No MB/DB would ever go to the trouble of prorating each hour and taking out taxes, withholdings to come up with $500. |