Reply to Different rates for nannying vs babysitting?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I've been a nanny a long time.  If the parents already hire other babysitters at a lower rate, but I want to have the opportunity to get those extra hours,  I would ask them to tell me what they pay the babysitters and what the job entails.  By that I mean, the part where you get them all ready for bed, etc., and that you don't expect all the normal nanny duties that I would do during the day.  Then I would decide whether I want the gig at that rate.  I don't think you are obligated to pay me my day nanny rate unless you want me to do the same things I do during the day.    [/quote]
And I would appreciate your flexibility, but the fact of the matter is that IRS disagrees with you that this shouldn't be charged at overtime rates.  It's unfortunately not up to you (I wish it was!) This area has enough people whose record on domestic employment has to be squeaky clean, so it may be not worth it to your employer.   If IRS comes after the employer with "why didn't you pay overtime?", they aren't going to care that "my nanny said we don't have to."[/quote]

"We only employed her as a nanny for 38 hours a week. She only occasionally babysit in the late evenings for 2-3 hours a month. She wasn't owed overtime. Thanks. Bye." Simple, IRS is gone.[/quote]
Ours works for more than that, unfortunately. So hiring her for extra hours would definitely get into overtime territory. I appreciate what you're trying to say but tax people say otherwise.[/quote]

Doesn't matter. Change the 38 to 50, same thing. You don't owe nanny the same pay rate for babysitting as for nannying, and you surely don't owe her overtime on that pay either, at any rate.[/quote]

You are simply wrong.  There is clear law on this.  You can choose to disregard it and take that risk, many certainly do.  But your nanny is legally entitled to overtime rates for any hours worked for you beyond 40 in any given work week.  She could be weeding the lawn for the extra hours and she is still entitled to overtime.  Overtime laws are about the number of hours worked - not about the type of work.

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Wow.  If that is the case, it would cost me close to $35/hour to go on a date with my husband.  Guess I won't be hiring my nanny to babysit.  [/quote]

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