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[quote=Anonymous]A) Nannies are household employees, per the IRS and Wage/Labor.  A nanny is *not* an independent contractor.  B) Nannies are hourly employees.  The only way that salary works is if the family calculates the average hours they would need per week and sets salary at those hours multiplied by hourly rate, plus overtime when applicable *and* if the total hours per week did not exceed whatever hours would divide out to make the hourly rate (less overtime) less than minimum wage.  So, say NF wants to pay $10/hr (obviously not in a metro area), but they want a set rate per week.  Average of 50 hours per week, salary would be 40*10+10*10*1.5=550.

40*7.25+7.25*1.5*x=550 yields x at 23.9 hours (overtime hours), so the family could legally have the nanny work up to 63.9 hours before being required to pay extra.  However, I don't know any nannies who are willing to agree to salary like that.  The only nannies who usually do salary are the ones who have the maximum number of hours (like 70-80+) the salary, so it never goes over.  Or nannies like me who have a few heavy weeks when kids are off school where we might do the full allotment of hours, maybe up to 5 extra, but most weeks are half or less of the allotment.  It's not just about the hours that are being worked, it's also the hours the family wants available for their use.[/quote]

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