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[quote=nannydebsays]20:19, of course it's perfectly legal. Never said it wasn't.

But a nanny who wants to make $15/hour who is unaware of FLSA laws may be thrilled to get a $15/hour job working 50 hours for $750/week. And her employers may or may not be aware that they are not really paying "Actual OT", which would mean an extra $75/week in gross wages.

Let's say the employer is aware that the contract they wrote indicating a weekly rate of $750 for 50 hours is not exactly correct. Then even if they and nanny sign the contract, the employers are still neglecting to pay actual OT.

What needs to happen is two-fold:

Nannies need to be educated that they either need to establish an hourly rate and then expect/negotiate actual OT based on that hourly rate, or nannies need to state a weekly rate, and KNOW that it will then be broken down to straight and OT rates in the contract.

Employers need to be educated that they MUST, no exceptions, no exemptions (other than those for LI nannies) state their offers in terms of specific hourly and OT rates, equal to $XXX/week.

Why? Because the "average rate" crap causes nothing but confusion since no one is truly aware that an "average rate" means nothing without the specific FLSA breakdown of rates.

Many nannies accept a job offer expecting their hourly PLUS actual OT, and are disappointed and feel "cheated" to learn that they are actually not getting OT based on their hourly rate. That causes a lot of the resentment we see here and on other sites, don't you think?

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