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

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[quote=Anonymous][quote=Anonymous]

"Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken."

---A 24hr nanny is alert and technically working, thus this usualy creates an interrupted sleep---

[/quote]

I think it's pretty clear that if you have a place for the nanny to sleep and your child "usually" sleeps through the night, you can exclude up to 8 hours of work time.  You can't just say that as a worker, you couldn't sleep because you were waiting for a possible incident that usually does not occur.  Obviously if you have an infant who wakes up every few hours, that doesn't count as "usually" allowing for an uninterrupted sleep.[/quote]

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