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[quote=Anonymous][quote=Anonymous]New PP here.  I've always understood it that you only get OT for those over 40 hours if you work over 40 hours.  If you have been guaranteed 45 hours but work in actuality 40 or less, those five hours should be at the regular rate.  To be honest, though, we've only ever guaranteed 40 hours when we've employed nannies, precisely because it seems silly to guarantee anything over that - nor do most employees, it seems, expect more than 40 guaranteed hours.  Perhaps I have a limited sampling on this though, so others might feel differently, I imagine.[/quote]

Legally, I don't believe OT pay is required. But if you have agreed to guaranteed hours, you have agreed to pay me the same amount every week. So not paying the overtime rate on those weeks where you use fewer hours would not be acceptable to me.

As a nanny, the only time I MIGHT agree to this is if you used a day of vacation earlier in the week, but needed me to work extra hours elsewhere in the week, such that the total number of hours actually worked was less than 40, but the number of hours scheduled was more than 45.  In that situation I would expect my standard weekly pay (in this case 45 hours, with those last 5 hours being at an OT rate) PLUS pay for the hours worked outside my usual schedule. I would potentially be willing to accept my standard hourly rate for those extra hours, as long as it was discussed and agreed upon ahead of time.[/quote]

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