Let's say a family wanted to employ a nanny for 50 hours per week in a nanny share with another family.
Has anyone looked into whether each family in the share could employ her for 25 hours per week, paying her full salary for both babies for those 25 hours, in order to avoid exceeding the overtime limits in the FLSA? For ease of explanation, let's say nanny would otherwise get $10/hr from each family and work 50 hours per week. Instead of paying $10 per Hour for 40 hours and $15 per hour for 10 hours, each family would pay $20/hr for 25 hours each week. Legal? |
Not legal. This is shady as f**k and you should be ashamed of yourself for trying to screw the nanny out of OT. |
You're making this unnecessarily complicated. Most nannies are interested in their weekly take-home total, not in your formulas of getting to it. Find a nanny you like, agree on how much money she'd like to make for the hours you need covered, and then work from there. |
If nanny agrees to terms, doesn't seem shady -- just seems like something subject to negotiation. |
Illegal.
Find the nanny you want and negotiate the pay you can afford or find the nanny who will accept what you can afford. Either way, both families are required to pay overtime. |
No. Protecting workers from this very scenerio was the reason behind joint employment regulations. No matter who pays her, your shared nanny clearly has one job. |
Agree. OP you should be ashamed of yourself. You are joint employers, they are not separate jobs. You want to know how to avoid paying OT? Don't work your nanny 50 hours per week. Stagger your schedules, or have the share parents trade off who comes home early and takes over the nanny's job. It would probably do you some good to see how much work it is, and maybe you'll appreciate why the law is such that it is. |
You can find a desperate worker to agree to most things. The law is there to protect them from having to. |
What if nanny agrees to $18/hr and $27/hr OT rate (which averages out to about $20/hr)? Can you still set it up as two employers paying the full salary for 25 hours per week for administrative ease? |
Only people like you want to illegally screw the nanny. You should go to jail. |
Lol of course it's immoral to pay people as much as they would like to be paid. Not. |
Simple = Hourly rate + OT |
You are paying her for 25 hours a week which means that she only works 25 hours a week. For example, she works 8 hrs two days and 9 hours one day or 5 hours every day for 5 days. So, 8 am 1 pm she takes care of your child and from 1 pm until you pick child up, kid is on his own.
Really, OP, are you really this stupid? |
OP, is it really that hard?
Each family pays $10/hour for the first 40 and $15/hour for the next 10. So: Nanny's numbers: 40*$20+10*20*1.5= 40*20+15* 20= 20*55=1100 Parent numbers: 40*10+10*10*1.5= 40*10+15*10= 10*55=550 The first way you wanted to run numbers eliminates OT, but raises your rate and is illegal (50*25=1250, each family would pay 25*25=625). The second set of rates (18, 27, average 20) is also illegal, because both employers must pay for hours worked (you also dropped the rate, 18*55=990, not 1100). I'm not sure why you're trying to back into an average rate. If that's what you are trying to do, you need to divide the total salary by the total hours to get the average rate (hourly*40 hours+hourly*1.5*hours over 40=weekly/hours=average). So for the $20/hour rate listed originally, average is: $1100/50=$22. I have no idea where you got $18 and $27. |
If it is essential to your mental health to feel that you have avoided paying the woman who cares for your child OT, here's how: 1) Determine what each family would pay Nanny when following labor laws. (10 *40) + (15 * 10) = $550 2) Divide the number from step #1 by 25. 550/25 = $22/hour 3) Pay Nanny $22/hour for 25 hours/week 4) Laugh your best villainous laugh and celebrate how clever you are while drinking your favorite adult beverage. P.S. Not legal, but no longer vile or cheap. |