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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]We're in the same boat and most definitely did a raise to help offset the fact that our nanny will be working less hours come September. While she won't be making the same amount then that she does now, with holidays, sick days, full days for errands, etc., plus the raise, it shouldn't be too big of a pay cut overall. We felt like we had to keep her pay relatively the same since we need her to be on call every day in case of illness or other unexpected issues. Also, since we've had her for years now, and she's gotten raises every year, I believe she's still making more with us now than she would if she were to start somewhere new, even if she isn't doing the same amount of hours.[/quote] This family says that they're not cutting her pay, which means they are still paying for full time hours. I would not give a raise, guarantee the full number of hours at the old rate, but come to the understanding that on weeks you are out of town or there is a holiday, those "extra" hours, even if they aren't on her usual schedule, will first come out of the guaranteed number of hours for the week, and then will be paid at overtime/overnight rates. If they want to give a raise, fine, but I think the extra time off at full time pay is this year's perk. Also, what I would not do is agree to pay overtime on all hours outside the 8-6:30 schedule on weeks when they need her, say, overnight on a Thursday. It is not legal to bank hours outside of a weekly pay period, but it is legal to do it within a pay period, and that is what I would ask for in exchange. So in any given week, they have 52.5 hours to use for the same pay.[/quote] Where does the law say WEEKLY pay period?[/quote] Since you asked, the Federal Department of Labor (https://www.dol.gov/whd/overtime_pay.htm): [i]The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. 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. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.[/i] As long as the hours are worked WITHIN the 7-day pay period, there is no requirement that they be worked on any particular schedule (banking scheduled hours not used on Monday to be used on Friday night -- the gov't does not care that you have a standard work week if you don't actually work it). You can't pay for them one week at the regular rate and then use them the next to avoid paying overtime on additional hours, however (banking hours from week one to use in week two). [/quote] +1 http://info.homeworksolutions.com/blog/overtime-v.-comp-time-why-banking-hours-is-wrong-for-your-household-employee[/quote]
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