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[quote=Anonymous][quote=Anonymous][quote=Anonymous][b]A hybrid solution here might be to calculate the OT daily rather than weekly. [/b]So any day over 8 hours = OT hours. That seems true to the intent of OT pay (extra pay for longer hours worked). I can't really imagine paying OT for vacation time--what do you do if someone says "oh, I'm taking 12 vacation hours Monday, so 8 will be regular pay and 4 overtime"? We just pay (per our contract) 8 hours per day for vacation or sick days, at the regular rate. Both sick and vacation are accrued and used hourly, so it also means that fewer vacation hours are needed to cover a day off. [/quote]

I think the bolded is fine, if that's what you want to do, but it's clearly not how the OT was intended.  If it was, then people who work 3 12 hour shifts (a common schedule in the medical world) would be paid overtime, and they aren't.  [/quote]

True. OT is intended only to be paid in weeks in which the nanny actually works 40 hours since it is extra pay for extra work, so in a vacation/sick leave situation, it wouldn't typically be paid at all. Offering it daily vs. weekly would just be a bonus that OP might want to consider in the spirit of the law.

It's worth noting that shifting hours in a guaranteed hours situation is a totally different issue, though. I would never expect a nanny to agree to shift hours to a weekend that she wasn't otherwise scheduled to work because she was taking vacation or was sick. Pay for that should be negotiated independently of the contracted hours, and not necessarily at the same rates. [/quote]

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