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Employer Issues
Reply to "Nanny share - one family not paying OT"
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[quote=Anonymous][quote=Anonymous]Legally, the family that paid you less is right. The law says you only have to pay overtime on hours worked (not on hours paid, if you didn't actually have to go to work for some of those hours). So, legally, any week that includes a vacation day or holiday that would put you under 40 hours of actual work, all those hours are paid at the regular rate. Many families guarantee the weekly rate including overtime pay for all hours so that the nanny receives a consistent paycheck. This is not legally required, however, and needs to be negotiated as a perk if this is a deal-breaker for you.[/quote] This is correct. We have a nanny and we have guaranteed hours so she always gets the same min pay for 45 hrs including overtime even on holiday weeks. But I don't have to pay overtime on hours not worked. I choose to since it's only like $30 difference for those holiday weeks and I like my nanny and its more work to recalculate it. [/quote]
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