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[quote=Anonymous][quote=nannydebsays][quote=Anonymous]I can't' seem to find anything on this topic. We have a nanny - 40 hours guaranteed, etc. Friends are looking to do a share with us but only 2 days week which is perfect for us as we still want all the perks of a full time (few errands, baby laundry, etc). My questions are:

1. Should they have to do guaranteed hours also (i.e. pay for Tues/Thurs whether or not they use her) or do we just pay our regular one child rate on the times they don't use her?
2. We only ever need 40 hours (9 - 5). In the case of them needing more than 8 hours say on a Tuesday, that would push us into an OT rate on Friday. It doesn't seem fair if that is the case so is it legal that whichever family causes the OT have to pay that?[/quote]

1) If the other family plans to set and stick to a 2 day/week schedule for childcare, then yes, they need to offer guaranteed hours. They would pay their half of the nanny's share rate for all the hours they use, 52 weeks a year. I would also suggest that they accept that nanny will make her vacation plans as she has been doing with you as her only employer. Nanny needs to have time off from both families.

If, OTOH, this is more of a "drop in" situation, where days will vary, and some weeks they'll not use her at all, then I would suggest you stick with your current pay scale, and this other family pays an hourly rate completely separate from yours when they use nanny's services.

2) If the other family will use more than 8 hours per day, or otherwise need nanny longer each day than you do, then that pay is on them. As long as you carefully track nanny's hours (and there's likely an app for that!), and make it clear to her that she is "off the clock" after her 8 hours with you, that should be sufficient to keep you out of OT. Now, if the other family needs her 10 hours a day (unless the local/state laws determine OT starts after 8 hours in a day):

a) That should mean nanny and the other child return to the other family's home for the additional time, or
b) the family needs to try to make their hours match yours, even if that means having nanny 3 days/week instead of 2, and
c) that situation would cost them money, not you.[/quote]

The joint employer laws have come up a few times on this board, and this is a perfect illustration of a time when they would benefit the nanny. The OP and her friend, if they do a share, are, without question, joint employers of the nanny. The OP cannot avoid OT payments by "releasing" the nanny, even if she goes to the other parent's home. The nanny  is owed OT, not just on her one child rate, but on her blended base rate for the entire week. [/quote]

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