Reply to Nanny share-separate or joint contract

Forum Index » Employer Issues

Reply to "Nanny share-separate or joint contract"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous]PP again. I'll give one quick example of why this is important. Let's say you set up a nanny share where each family pays $15/hr when both kids are there and $20/hr if only one kid is there. (Numbers picked for ease of math). Family A is late one day. They have a separate contract and assume there OT is $30/hr. Family B assumes they owe nothing.

Legally, the nanny is actually owed a blended OT rate from both families. This needs to be addressed jointly, and both families need to mutually agree to their obligations.[/quote]

Why would family B owe anything?!  Nanny had one child during the extra time, rate is individual OT.  If both parents were late, rate would be share OT for both families.[/quote]

Because OT is owed on total weekly hours going over 40. You can't pick and choose which hours are the "extra" without a specific prior agreement between /both/ families.

Here's the quote from FLSA:
http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

And here is a simpler explanation:
http://www.epaysystems.com/blended-overtime-rates/

There are ways around this, but they have to be specifically addressed in a contract in order to be legal. The two families in a share aren't separate entities. Anything you agree to with one gives obligations to the other.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics