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Reply to "Flex schedule and overtime pay question"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Structure her hours in such a way, do it bi-weekly pay like a corporate job instead of weekly, so her total hours for the whole 2 weeks remain below or at 80 and then you can avoid the overtime for the 1 week each set. That how I do it.[/quote] That is 100% illegal. Any hourly enployee must be paid overtime for any time worked over 40 hours in a 1 WEEK PERIOD. You are breaking the law and screwing your nanny.[/quote] Not if you pay every 2 weeks or bi monthly its not.[/quote] WRONG and ILLEGAL From the Department of Labor Website: "An employer must establish a workweek (7 consecutive 24-hour periods) and must pay overtime when hours worked exceed 40 in the workweek. The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone." http://www.dol.gov/whd/regs/compliance/whdfs1.htm Nannies are not exempt from overtime laws. You are breaking the law. Period. [/quote]
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