Nanny doing different job - OT applies?

[Anonymous]

The overnight rate question made me think.... if you hire someone as a nanny and they do a different job for you, same employer, are they able to receive overtime pay? As a silly example, if you hired a nanny who loved to garden, and so you hired her to plant flowerbeds on a weekend, NOT working as a nanny, does she get OT pay for the weekend work because it is the same employer? If you hired a nanny and then she catered an event for you, OT pay or counts as a different job?

I don't have a real life situation, but it made me think about hiring the same person as a "date-night sitter", which is a different job, who is also your nanny, does that count as OT or can you legally negotiate something different because you are hiring them for a different job?

[Anonymous]

Yes, overtime applies.

If she works those hours for someone else she gets her base rate. If she works for you, and goes beyond 40 hours in the week, then she earns overtime rates - no matter the tasks.

[Anonymous]

Yes it is OT. At the hospital where I work the unit secretary works the admin job 7-3 M-F. Every other Friday and Saturday she works the 11p-7a shift as a CNA. Those 16 hours are OT

[Anonymous]

Yes they'd be OT hours technically. Think of all the jobs where the employee wears many hats. A secretary for example may soend her morning answering phones, some time cleaning the break room, driving to pickup food for a meeting, fixing the copy machine, etc. Yiu can't parse those out into different jobs.

However, I've cut families a break on this before because I'd rather have the work than they hire someone else at a cheaper rate. This is for if it is something truly outside of nannying, like if I'm hired to cook for a party. I have rates that I charge for that, and that is what I ask families to pay.

[Anonymous]

Legally, yes, they get overtime. However, also legally, there can be a different pay rate if the job is deemed substantially different. This wouldn't apply for something like nannying and evening babysitting (too close of a job) However, you could set up a gardening rate vs nannying rate or a one vs two child rate. OT is then calculated as a blended average of the actual hours worked at each rate.

[Anonymous]

Anonymous wrote:Legally, yes, they get overtime. However, also legally, there can be a different pay rate if the job is deemed substantially different. This wouldn't apply for something like nannying and evening babysitting (too close of a job) However, you could set up a gardening rate vs nannying rate or a one vs two child rate. OT is then calculated as a blended average of the actual hours worked at each rate.

Gardeners earn much more then nannies, Einstein, so her blended rate will skyrocket.

The conniving minds of some of you is utterly shameful.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Legally, yes, they get overtime. However, also legally, there can be a different pay rate if the job is deemed substantially different. This wouldn't apply for something like nannying and evening babysitting (too close of a job) However, you could set up a gardening rate vs nannying rate or a one vs two child rate. OT is then calculated as a blended average of the actual hours worked at each rate.

Gardeners earn much more then nannies, Einstein, so her blended rate will skyrocket.

The conniving minds of some of you is utterly shameful.

This poster is correct. No one is conniving. This sets the minimum you could legally demand, but you could negotiate anything you like.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Legally, yes, they get overtime. However, also legally, there can be a different pay rate if the job is deemed substantially different. This wouldn't apply for something like nannying and evening babysitting (too close of a job) However, you could set up a gardening rate vs nannying rate or a one vs two child rate. OT is then calculated as a blended average of the actual hours worked at each rate.

Gardeners earn much more then nannies, Einstein, so her blended rate will skyrocket.

The conniving minds of some of you is utterly shameful.

Dial it down a notch. Of course gardeners make more. I figured that went without saying. I brought up one child rates in a share as an example where a secondary rate would be lower as well.

[Anonymous]

Anonymous wrote:Yes they'd be OT hours technically. Think of all the jobs where the employee wears many hats. A secretary for example may soend her morning answering phones, some time cleaning the break room, driving to pickup food for a meeting, fixing the copy machine, etc. Yiu can't parse those out into different jobs.

However, I've cut families a break on this before because I'd rather have the work than they hire someone else at a cheaper rate. This is for if it is something truly outside of nannying, like if I'm hired to cook for a party. I have rates that I charge for that, and that is what I ask families to pay.

I have no good reason to give my employers discounts, nor do they need them.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes they'd be OT hours technically. Think of all the jobs where the employee wears many hats. A secretary for example may soend her morning answering phones, some time cleaning the break room, driving to pickup food for a meeting, fixing the copy machine, etc. Yiu can't parse those out into different jobs.

However, I've cut families a break on this before because I'd rather have the work than they hire someone else at a cheaper rate. This is for if it is something truly outside of nannying, like if I'm hired to cook for a party. I have rates that I charge for that, and that is what I ask families to pay.

I have no good reason to give my employers discounts, nor do they need them.

Good for you. I prefer to charge a competitive rate and get actual business.

[Anonymous]

This is an EXCELLENT question OP!

[Anonymous]

I would ask her which she prefers: lump sum payment for a completed project or OT with her nanny rate as the base.

[Anonymous]

Anonymous wrote:I would ask her which she prefers: lump sum payment for a completed project or OT with her nanny rate as the base.

Typical cheater.

[Anonymous]

Depends. Catering an event is something that is usually paid as a lump sum (contract) to a contractor. XYZ amounts of ABC foods, set up, clean up, serving, transportation of food to the venue. It's not really an hourly type of job. Think of housecleaning services. They don't charge by hour, it's a flat fee for the X square feet space, which includes a list of things to be done. Whether 5 people do it in 40 min, or one person in X hours it doesn't matter.

[Anonymous]

If you want to be legal, yes, OT applies.