Should I raise this issue at one year anniversary?

[Anonymous]

I am about to have the one year anniversary meeting/contract renewal conversation with my employers. One of the things I want to address is that of overtime pay. I am currently being paid a fixed hourly rate for all hours including those over 40 hours. I agreed to this in my initial contract hence my concern/question. Is it fair to my employers to raise this as an issue a year later? Initially the reason given for this fixed rate for all hours worked is that this job is a salaried position therefore if families take vacation or I have one child instead of two, I am still being paid this fixed rate.

MB's - I would welcome your thoughts on this. Thank you.

[Anonymous]

Now sure why you feel you are entitled to 50% more pay for the same work just because you go beyond 40 hours. I mean, if you feel so entitled and petty to ask about this, then more power to you.

[Anonymous]

Oh snap PP.
Couldn't you have responded a little more uh....tactfully??!

OP it is illegal not to pay OT, I think Obama did something about OT law today by the way.

But if you are guaranteed the same amount per week no matter what, that makes it much easier to plan ahead financially.

It is entirely up to you.

Just weighing both sides.

[Anonymous]

How often do you work over 40hr? How is the compensation overall compared to similar jobs in your area? Personally, if I wasn't working much over 40 hrs all that much and if they took vacation at least 2-3 weeks a year, then I'd let sleeping dogs lie. But that's just me.

[Anonymous]

Anonymous wrote:
I am about to have the one year anniversary meeting/contract renewal conversation with my employers. One of the things I want to address is that of overtime pay. I am currently being paid a fixed hourly rate for all hours including those over 40 hours. I agreed to this in my initial contract hence my concern/question. Is it fair to my employers to raise this as an issue a year later? Initially the reason given for this fixed rate for all hours worked is that this job is a salaried position therefore if families take vacation or I have one child instead of two, I am still being paid this fixed rate.

MB's - I would welcome your thoughts on this. Thank you.

If they haven't paid you OT according to the law (time and a half for after 40 hours), you can easily sue them for back wages. You don't even need to hire a lawyer to do it.

[Anonymous]

Yes, I would bring that up with them and I would not sacrifice guaranteed hours. You should be getting both.

[Anonymous]

I don't know why posters on here always jump to "it's illegal not to pay OT and so if you aren't be paid 1.5x your base salary for hours over 40, it's illegal." That's *not* true. If you agreed to what's called a "blended rate" of $X a week and understood that would be your total salary inclusive of regular hours plus overtime, it is *totally legal* as long as you are making minimum wage calculated by minimum wage per hour for the first 40 hours and overtime minimum wage (i.e., 1.5xminimum wage) for all hours over that. If you're not making at least that, then it is illegal.

That said, raising the issue over OT now seems like something you're totally entitled to do. However, given the arrangement you've had thus far, you may have more luck just asking for a total salary increase (i.e., the same model you've always used, just more money).

[Anonymous]

Anonymous wrote:Now sure why you feel you are entitled to 50% more pay for the same work just because you go beyond 40 hours. I mean, if you feel so entitled and petty to ask about this, then more power to you.

This cannot be for real. EVERYONE who works more than 40 hours is entitled to overtime pay. I work occasional overtime and I get paid, why wouldn't a nanny?

[Anonymous]

Not everyone, PP. Most salaried employees don't get overtime (teachers, lawyers, etc.). I'm an attorney for the federal government - I get the same paycheck whether I work 40 hours or 80 hours.

Nannies are hourly employees, so they should get overtime. It becomes a question of whether it's a blended rate (therefore they are getting overtime, it's just blended with a minimum-wage or higher hourly rate - legal) or whether the employers are skirting the laws and only paying a low rate for all hours (illegal).

[Anonymous]

Anonymous wrote:

Anonymous wrote:
I am about to have the one year anniversary meeting/contract renewal conversation with my employers. One of the things I want to address is that of overtime pay. I am currently being paid a fixed hourly rate for all hours including those over 40 hours. I agreed to this in my initial contract hence my concern/question. Is it fair to my employers to raise this as an issue a year later? Initially the reason given for this fixed rate for all hours worked is that this job is a salaried position therefore if families take vacation or I have one child instead of two, I am still being paid this fixed rate.

MB's - I would welcome your thoughts on this. Thank you.

If they haven't paid you OT according to the law (time and a half for after 40 hours), you can easily sue them for back wages. You don't even need to hire a lawyer to do it.

Nanny has no proof of the hours she worked.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
I am about to have the one year anniversary meeting/contract renewal conversation with my employers. One of the things I want to address is that of overtime pay. I am currently being paid a fixed hourly rate for all hours including those over 40 hours. I agreed to this in my initial contract hence my concern/question. Is it fair to my employers to raise this as an issue a year later? Initially the reason given for this fixed rate for all hours worked is that this job is a salaried position therefore if families take vacation or I have one child instead of two, I am still being paid this fixed rate.

MB's - I would welcome your thoughts on this. Thank you.

If they haven't paid you OT according to the law (time and a half for after 40 hours), you can easily sue them for back wages. You don't even need to hire a lawyer to do it.

And be prepared to lose you job if you go this route.

[Anonymous]

MB here.

I would approach this as a request for a raise, in consideration of tenure and performance. If you agreed to a salaried type approach when you took the job then don't change that basic premise, just calculate out what a $1/hr increase would be equal to (factor in the amount that would increase for however many overtime hours are relevant) and present that to them as a request for a raise.

For instance: "Dear Jill and Jim, I have so enjoyed the past year. Little Bobbie and Sue are delightful, and I'm so enjoying my time with them, and with you as employers. I hope that you feel equally positive about our relationship, and I look forward to everything coming with the kids in the next year. In light of all of that, I would like to request a raise. I would ask you to consider a $X raise per week. I based this on a $1/hr increase (or whatever you want to use), taking into consideration the overtime hours that are part of my regular work."

Then see what they say. So if you have a 50 hour work week you would be asking for a $65/week raise (40 hours at $1, and 10 hours at $1.50.) You can, of course, do the math for whatever hourly increase you'd like to consider. Or you can just approach it from a pure flat dollar amount, but I'd have the hourly breakdown ready to justify it. A $1/hr raise is very reasonable in my opinion, and would hopefully sound that way to your employer. So this is an instance where couching it in an hourly amount might make the total dollar increase sound less drastic to an employer.

Good luck!

[Anonymous]

Anonymous wrote:MB here.

I would approach this as a request for a raise, in consideration of tenure and performance. If you agreed to a salaried type approach when you took the job then don't change that basic premise, just calculate out what a $1/hr increase would be equal to (factor in the amount that would increase for however many overtime hours are relevant) and present that to them as a request for a raise.

For instance: "Dear Jill and Jim, I have so enjoyed the past year. Little Bobbie and Sue are delightful, and I'm so enjoying my time with them, and with you as employers. I hope that you feel equally positive about our relationship, and I look forward to everything coming with the kids in the next year. In light of all of that, I would like to request a raise. I would ask you to consider a $X raise per week. I based this on a $1/hr increase (or whatever you want to use), taking into consideration the overtime hours that are part of my regular work."

Then see what they say. So if you have a 50 hour work week you would be asking for a $65/week raise (40 hours at $1, and 10 hours at $1.50.) You can, of course, do the math for whatever hourly increase you'd like to consider. Or you can just approach it from a pure flat dollar amount, but I'd have the hourly breakdown ready to justify it. A $1/hr raise is very reasonable in my opinion, and would hopefully sound that way to your employer. So this is an instance where couching it in an hourly amount might make the total dollar increase sound less drastic to an employer.

Good luck!

Thank you MB, I appreciate this feedback and it is most likely the approach I will take.

To respond to other questions: I have fixed hours so I am very aware of number of overtime hours. There is no consideration for suing my employers as I happen to like my job and intend to keep it. I am in a share therefore the perks of extra vacation times is non extent as the families generally take vacation at different times. Also, it is not a blended rate. And my employers may be skirting the law with regards to overtime but my hourly rate is fair.

[Anonymous]

Anonymous wrote:Now sure why you feel you are entitled to 50% more pay for the same work just because you go beyond 40 hours. I mean, if you feel so entitled and petty to ask about this, then more power to you.

OP, nannies are HOURLY employees and must be paid OT for fall hours over 40 and this is FEDERAL LAW. You could take the cheap cretins you work for to court and collect your OT for the past year.

Why on earth did you ever agree to this?

[Anonymous]

Anonymous wrote:

Anonymous wrote:MB here.

I would approach this as a request for a raise, in consideration of tenure and performance. If you agreed to a salaried type approach when you took the job then don't change that basic premise, just calculate out what a $1/hr increase would be equal to (factor in the amount that would increase for however many overtime hours are relevant) and present that to them as a request for a raise.

For instance: "Dear Jill and Jim, I have so enjoyed the past year. Little Bobbie and Sue are delightful, and I'm so enjoying my time with them, and with you as employers. I hope that you feel equally positive about our relationship, and I look forward to everything coming with the kids in the next year. In light of all of that, I would like to request a raise. I would ask you to consider a $X raise per week. I based this on a $1/hr increase (or whatever you want to use), taking into consideration the overtime hours that are part of my regular work."

Then see what they say. So if you have a 50 hour work week you would be asking for a $65/week raise (40 hours at $1, and 10 hours at $1.50.) You can, of course, do the math for whatever hourly increase you'd like to consider. Or you can just approach it from a pure flat dollar amount, but I'd have the hourly breakdown ready to justify it. A $1/hr raise is very reasonable in my opinion, and would hopefully sound that way to your employer. So this is an instance where couching it in an hourly amount might make the total dollar increase sound less drastic to an employer.

Good luck!

Thank you MB, I appreciate this feedback and it is most likely the approach I will take.

To respond to other questions: I have fixed hours so I am very aware of number of overtime hours. There is no consideration for suing my employers as I happen to like my job and intend to keep it. I am in a share therefore the perks of extra vacation times is non extent as the families generally take vacation at different times. Also, it is not a blended rate. And my employers may be skirting the law with regards to overtime but my hourly rate is fair.

Then you have exactly what you deserve. Stop whining.