Nanny isn't happy.
My work schedule changes over the summer so I have had 3 months where I have paid her a set amount each week even if I don't use the hours. Idea is she makes the hours up at a later date. I kept a record, so has she. Her calculations are different from mine (higher). Not by much but by about 4 hours. I pointed this out to her and she seems pissed. I also don't know what to do. I believe my calculations are right and hers are not. So where do we go from here? To add, she has sent a detailed account of hours and it's those extra minutes which have added up which I have not included. |
Are you aware that banking hours is illegal? You are required to pay overtime when you go over 40 hours. If you agreed to guaranteed hours, then you are obligated to pay that salary whether you used those hours or not. |
Just how many hours are you (illegally) expecting her to make up? 10? 200?
If you expect her to “make up” a large number of hours, when is she going to get enough time to relax? Are those hours you want “made up” going to interfere with her family time or with a second job? Maybe that’s fueling her unhappiness. I strongly suggest you tell nanny that you now know “banking hours” is illegal, and that you are letting the issue go. If there is some reason you aren’t willing to let this go, you may be losing your nanny when she finds a better job. |
You’re going to quibble over 4 hours. You should consider yourself lucky that you have such a flexible nanny. I would never agree to banking hours. |
Lots to unpack here. 1 - even when your work schedule changed over the summer, you should have still paid her for her full hours. It's referred to as guaranteed hours, and it's one of the few nanny benefits. These hours are not meant to be "made up" at a later date. That being said, nanny agreed to the setup, so that's on her. 2 - your calculations are 4 hours different from hers. It sounds like there were some days when maybe she was meant to end at 5, but you kept her til 5:15 talking about the day - am I misunderstanding? Or you hit traffic and arrived home "a few minutes late"? Assuming you like the nanny, is it worth causing friction over 4 hours of pay? Your last sentence confirms my 2nd point - she's counting time that you aren't. I've got to be honest - many nannies would not agree to your thought process of making up the hours. I worked for a family part time - they kept cancelling on me last minute and didn't pay me for my time. There were times I would be at their front door and they either wouldn't answer or they'd answer and say they didn't need me that day. I found a new family and stopped being available to them. |
No, it’s not “on her” because the nanny agreed to banking hours, which is ILLEGAL and violates employment law. |
So now you know that banking hours/making up hours is illegal and unfair. Don’t do it. You pay for the nanny’s availability and pay regardless of when you don’t need her.
I would go with the nanny’s calculations. In your case, I have a feeling she is right. But in general, minutes add up and the employer has a better sense of when and how long he/she worked. And being questioned about it would piss me off, too. |
PP you're quoting - yes, it is on the nanny for accepting those terms. Just like when a nanny accepts cash payment, which is also illegal, that's on them. She's an adult. She made the decision. |
I'd say "Let's not quibble over four hours. How about if we split the difference and settle on two, since each of us believe our respective calculations are correct?" |
So you’re going to short-change an employee (who has already made huge, illegal concessions for you) by two hours?! |
You either use her or not but you pay her for the time. Banking owed hours is bizarre. You either pay her hourly and plan for her to get another job or you pay her to reserve those hours for if you need them. You are wrong. |
Your nanny is right and you are wrong on many levels.
-nanny employer |
Illegal to bank hours , she technically owes you nothing |
Banking hours is illegal as well as comp hours for hourly employees. This is Federal law and I hope she reports you. |
That isn't legal to do it's called banking hours |