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Reply to "Nanny changes during the day"
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[quote=Anonymous][quote=Anonymous] No they are entitled to OT past their scheduled hours, which may be more than 40. So if this nanny agreed to and scheduled herself for 60 hours a week then she doesn't get time and a half OT.[/quote] Nope, nope, nope. From the Department of Labor: Domestic service employment means services of a household nature performed by a worker in or about a private home (permanent or temporary). The term includes services performed by workers such as companions, babysitters, cooks, waiters, maids, housekeepers, [b]nannies[/b], nurses, janitors, caretakers, handymen, gardeners, home health aides, personal care aides, and family chauffeurs. This listing is illustrative and not exhaustive. [b]Employees providing services in a private home are generally domestic service employees covered under the Fair Labor Standards Act (FLSA). These employees must be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one half the regular rate of pay for hours worked over 40 in a workweek.[/b] Section 13(a)(15) of the FLSA provides a narrow exemption from the minimum wage and overtime requirements for casual babysitters and workers employed to perform companionship services for an elderly person or person with an illness, injury or disability. Section 13(b)(21) of the FLSA provides an exemption from the overtime, but not the minimum wage requirement for those employees who reside in the private home where they work (live-in domestic service employees). http://www.dol.gov/whd/regs/compliance/whdfs79d.htm[/quote]
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