Overtime Pay
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Anonymous
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Hi All,
We're about three months in with our new nanny and things are mostly going well. We signed a contract, that was actually provided to me from her past employer, and we just swapped out the names of our kids and left everything the same. The contract states hours of 8:30-5:30pm (45 total hours per week), with hours above 40 being paid time and a half. The contract also says that under no circumstances will we pay her less than 40 hours per week. So far this year there have been a number of weeks where for one valid reason or another she's only come 3-4 days- sickness, snow days, holidays, etc. Yesterday she told me that she expects to be paid the 5 hours overtime every week, whether or not she works more than 40 hours. She considers those part of her salary. She also shared that she's never had a family not pay her the overtime hours. I'd love any feedback here. Obviously, I default to the contract and wish she would have raised issues like these before signing it. I also am in a financial position where those overtime hours are meaningful to my budget- I of course want to be generous with the woman watching my children but I've never paid overtime hours if someone hasn't worked more than 40 hours. Thoughts? |
Anonymous
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If your Nanny is not working more than forty hours a week, then by no means is she entitled to OT pay.
For her to demand it makes her look not only out of touch but incredibly selfish as well. You may want to let her go based on this. I would….. |
Anonymous
Why to let her go? Under what circumstances ? Just because shes asked to be paid according to contract? What kind of dummy lets a nanny go for sticking to the agreement? ZERO sense! |
Anonymous
| If Nanny works 40 hours you paid her accordingly; over 40 hours 1.5x legal paid OT. Simple as that! |
Anonymous
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So I agreed to a weekly salary when I was a Nanny. So if I took a sick day ( v rare) or they didn’t need me I still got paid my regular amount.
If your contract has 40 hours plus 5 hours at OT rate though then she’s not entitled to the OT unless she works over 40. |
Anonymous
| She is only entitled to the overtime if she worked it lol |
Anonymous
This. She just started and already taken several days off and sounds entitled. It's time to cut your losses and look for a new nanny. |
Anonymous
| I think it is very hard for us to weigh in without seeing the specific language in the contract. You say the contract has specified hours but does it reference “guaranteed hours”? For example, the contract with my nanny has 42 hours if you strictly follow the schedule listed but we only guarantee 40. FWIW when our nanny has a sick day or there is a paid holiday; we go ahead and pay her the typical 42 hours, regardless of the fact she only worked 34 of those house because the nanny depends on a regular salary, even though technically by our contract we could just pay her for 40 hours. I do second what others have said and that you should proceed cautiously… in my experience some nannies are hyper focused on pay and taking advantage of employers. But if you clear this up all now, hopefully it is smooth sailing going forward! |
Anonymous
The contract says if she works over 40 hours she gets OT. If she takes a day off she hasn't worked 40 hours. You make ZERO sense. Or are you the nanny? |
Anonymous
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Nope!
Offer to let her to make up those hours when available (weekend / longer day / date night) |