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[quote=Anonymous]Let me frame it this way for you:

I typically work 40-60 hours per week.  I am paid to be available 24/5.  When I need to work during that time, I have no problem rescheduling anything I had previously planned in my “off” hours (during the week), because I’m already being paid for it.  Any hours that I work on the weekends are paid separately, even if I had a very light week and worked less than 40, because I’m not paid to be available over the weekend.  Because I’m a live-in nanny (necessary, due to schedule), I don’t get OT.

Your nanny is presumably live-out.  OT rules clearly state that all WORKED hours over 40 are to be paid at time and a half for non-exempt employees (including nannies).  If she didn’t work over 40, she wasn’t entitled to OT on the Thursday morning hours.  However, you said that she had a set schedule, with Thursday morning off, and guaranteed hours, so Thursday morning should have been paid at the normal hourly rate, in addition to her normal guaranteed pay.

When you guarantee hours, you’re guaranteeing that the nanny will be available during the set schedule.  You don’t have to call every week and make sure she has Tuesday free 7-7, because you’re paying her to be available to work those hours.  If you expect her to switch schedules during your vacations, it should be written in the contract, that way there’s no miscommunication.  If you want extra hours on call, or worse, you expect the nanny to be available for double the worker hours, then you need to pay for that flexibility and availability.

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