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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]

YES IT IS ILLEGAL. The word "pay period" in the law is defined IN THE LAW to be any set of 7 consecutive days. It even states specifically that the averaging of hours over two weeks is not permitted. You can write paychecks as often or as rarely as you want, but that is a different type of "pay period," and does not count for overtime. Here is the text of the law from the US Department of Labor, and a link:

[i]The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted.[/i]

http://www.dol.gov/whd/overtime_pay.htm[/quote]

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