Reply to Is It Legal to Pay 1/2 Rate Overnight Instead of OT?

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[quote=Anonymous]Trying to use these discussion boards to figure the most fair and LEGAL way to pay nanny. Hiring a 24hr nanny 5 days a week for the next 2 months. I have a 2 & 5 year old. I understand because she is NOT a live-in (she is technically working 24hrs a day/ goes home on her days off) I have to pay her for every hour worked. What I'm confused about is that some on this board say they pay 1/2 the nannies hourly rate or a straight night wage ($50-100). Is reducing the rate technically legal? If she is working 120hrs a week, shouldn't I pay her regular rate for 40hrs, then OT rate for 80hrs? My children sleep well during the night, and nanny probably will have time to sleep- but at the same she will be on duty and working. My husband and I will be out of the house. And children may wake up for many reasons.

I am trying to understand the conflicting information I'm reading on these boards. I know nannies are exempt employees and have to paid hourly for all hours worked. And they get time and a half for hours over 40. But I have also read that legally you don't have to pay 8hrs of sleeping hours in a 24hr period.

Then why would a nanny agree to do a job and work tons of extra overtime hours and either not get OT, but actually get half rate or nothing at all for that time worked?

Again my question is, what is the legal way to pay a 24hr nanny?
Of course I would like the least costliest way, but I also want to be fair. I need the services of a nanny 24hrs a day. And I intend to pay for all services rendered.

Option A: 40 Regular Rate, 80 OT Rate
Or
Option B: 40 Regular Rate, 40 OT Rate (if I legally don't have to pay for 8hrs in a 24hr period).

I guess I could also "legally" make the regular rate very low, so I can pay the 80hrs OT rate. This is instead of cutting the overnight hours rate in half.

But another question would be why a nanny would except these positions in the first place??? Work double the hours, and get half the pay. Why is widely accepted that you can buy a nannies time in bulk and save big? It would be odd in any other position to pay different rates at different times of day. An hour worked, is an hour worked.

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