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[quote=Anonymous][quote=Anonymous]I would talk to the owner of your current nanny agency.

I would think it would be illegal for the agency to allow families to skip out on OT pay for more than 40 Hrs. a week of work.

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It's not illegal for agencies.  If it was then all agencies would only work with families who paid on the books and legally and we all know that isn't true.

First, there are actually a lot of families and nannies who don't realize that you have to pay nannies hourly and not salary and don't realize that you have to pay an OT rate.  Second, technically it's actually only illegal for families if the standard rate is below minimum wage.  They can offer a total rate and then break it down into regular and OT pay where the regular rate is above minimum wage, which is what a lot of families do since they have a total budget in mind for childcare.

Example-

Family is offering a $1000/week for 50 hours.  Some people prefer to say it's $20/hr but you can also break it down like this to make it legal with the OT rate-

Regular rate (40 hours)- $18.19-  $727.20
OT Rate (10 hours)- $27.28- $272.80

I have found a lot of agencies advertise their jobs with a total rate but then structure their contracts like this as well.  
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