Reply to Nannies Wake Up!!! after 40 hours its time and a half!!

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I pay all OT and bonuses and I used to think everyone else did too, but the other day my neighbors were complaining about paying the full hourly wage for overnight hours, since the nanny would be sleeping during those hours (parents were going out of town). I told them actually the nanny could command time and a half since that's over her 40 hours. That hadn't even occurred to them. This is a couple who dresses their child in designer clothing. So no, nannies are not all being compensated appropriately.[/quote]

Actually, the law says the parents could pay $0 for sleeping hours (up to 8 hours in a 24-hour period). They only have to pay 1.5x for anytime she's awake with the kid.

California says that if the overnight doesn't include at least 5 hours in a row uninterrupted, the overnight waiver doesn't apply, but that's the only state I know with that rule.[/quote]

I just looked this up bc I can't quite believe it. What I read is that hours she is asleep are unpaid (up to 8), hours she's awake caring for the child are paid at the regular rate, but the unpaid hours add to the cumulative hours for the work week so once she hits 40 hours the rest of the week's hours are OT even if they wouldn't be in a normal week. So if she normally works 40 hour weeks but spends the night on Thursday, then the 8 hours she works on Friday will all be paid the OT rate.[/quote]

No. The 8 hours of sleeping time do not count toward overtime either. However, one would assume that she doesn't normally work a 16-hour day, so she'd probably be into overtime by Friday anyway if she came in on her regular time on Thursday and stayed all day Friday.

So, she would be paid [hypothetically assuming no overtime usually]:
9-5 Monday (8 hours, regular rate)
9-5 Tuesday (8 hours, regular rate)
9-5 Wednesday (8 hours, regular rate)
9-9 Thursday (12 hours, regular rate unless in a jursdiction that says 1.5x for hours over 9 or 10 in a day)
9pm-5am Thursday (sleeping time, $0, does not count in total hours for the week)
5am-9am Friday (4 hours, regular rate = 40 hours for week)
9am-5pm Friday (8 hours, OT rate)

If this is an infant who does not do at least one 5-hour stretch of sleeping, the nanny does not deduct the overnight hours from the hours worked. But if you have good sleepers, the law says you don't have to pay.

Here is what the Department of Labor says (https://www.dol.gov/whd/homecare/faq.htm#sleep):
[i][b]Shifts of Less than 24 hours[/b]
Under the FLSA, an employee who works a shift less than 24 hours must be paid for the entire time he/she is required to be at the worksite even if he/she is permitted to sleep or engage in other personal activities when not busy. All the time is counted as work time that must be paid.
[b]Shifts of 24-hours or more[/b]
If an employee is required to be at the worksite for 24 hours or more, the employer and employee may agree to not count as hours worked a bona fide regularly scheduled sleeping period of not more than eight hours, provided that (1) adequate sleeping facilities are furnished by the employer, (2) the employee's time spent sleeping is usually uninterrupted, and (3) there is an expressed or implied agreement to exclude sleep time.[/i]

And (https://www.dol.gov/whd/regs/compliance/whdfs22.htm):
[b]Sleeping Time and Certain Other Activities:[/b]
An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.[/quote]

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