Anonymous wrote:

Anonymous wrote:Nannies are by law hourly employees.

A salaried employee, for example, might normally work 30 hours a week but one week be called in for 60 hours with no additional pay. YOU DO NOT WANT THIS.

Hopefully what she is offering is a weekly rate for a maximum of 30 hours/week. If she can't budge on her mentality (calling it salaried rather than guaranteeing hours) then you want to be very specific verbally and in your contract that you'll get paid an $X/week salary with a maximum of 30 hours worked between the hours of Xam-Xpm on XYZ days. Don't leave her any room to take advantage of you down the road.

Just wondering, which law is it you're talking about?

FLSA (Fair Labor Standards Act)

Anonymous wrote:Nannies are by law hourly employees.

A salaried employee, for example, might normally work 30 hours a week but one week be called in for 60 hours with no additional pay. YOU DO NOT WANT THIS.

Hopefully what she is offering is a weekly rate for a maximum of 30 hours/week. If she can't budge on her mentality (calling it salaried rather than guaranteeing hours) then you want to be very specific verbally and in your contract that you'll get paid an $X/week salary with a maximum of 30 hours worked between the hours of Xam-Xpm on XYZ days. Don't leave her any room to take advantage of you down the road.

Just wondering, which law is it you're talking about?

Our nanny works 45 hours a week. (I pay her OT for those 5 hours over 40.) I think of it as a salary because I always pay her for 45 hours per week. So, if I decide on a whim to take the day off and take my kid on a day trip or something, I still pay her for that day even though she obviously wouldn't have to come to work that day.

When we were discussing pay when I first hired her, it sounded like former employers had screwed her over in that regard (i.e., saying the job was for 40 hours per week but then not paying her if they decided to, at the last minute, tell her not to come in for the day). In response to that, I said "oh, no, I plan to give you a salary." She looked at me funny. I only called it a "salary" because I didn't know the right vocab (this was my first nanny hire) and I thought of it in corporate-speak. All I meant was: you'll have certainty of income here because I will guarantee 40 hours at the regular rate and 5 hours of OT.

I think it can be a good thing for the nanny as long as you specify a cap on hours and you are dealing with a reasonable MB. (Which, based on some of the stories here, is apparently a rare find.)

Your potential MB may just be using the wrong nomenclature. I think it's worth doing the interview and getting clarity. Good luck!

Anonymous wrote:Spell it out, e.g., $450.00/30 hours guaranteed, $15.00\Hr for any extra hours over 30 and up to 40. Hrs and $22.50 for all hours over 40 every week. Also, spell out which days of week and your syatt\leave time. If they are late this will be counted in imcrements of 15 minutes, e.g, 15 mnutes late everyday is 1 1/4 hrs every week. This is a job, not charity.

+1

Spell it out, e.g., $450.00/30 hours guaranteed, $15.00\Hr for any extra hours over 30 and up to 40. Hrs and $22.50 for all hours over 40 every week. Also, spell out which days of week and your syatt\leave time. If they are late this will be counted in imcrements of 15 minutes, e.g, 15 mnutes late everyday is 1 1/4 hrs every week. This is a job, not charity.

Anonymous wrote:OP here. Thanks everyone for your replies. The salaried rate is for up to 30 hours, there is a separate hourly rate for anything over.

Then that is technically not a salary. They have gone and given you guaranteed hours with an hourly rate that they just refer to as a salary since it most likely will always stay the same. The hourly rate for anything over the 30 is most likely what your "salary" comes out to as an hourly rate. You ARE owed OT for anything over 40 hours per week though, that is the law. If they wanted to they could do an "average" hourly rate instead of having one hourly rate and then doing 1.5x for OT, but if you are not ever expected to go over 30 hours (much less 40), then it is probably not an "average" hourly rate. So just keep track of your hours each week and make sure they do time and a half for anything over 40 if it happens.

OP here. Thanks everyone for your replies. The salaried rate is for up to 30 hours, there is a separate hourly rate for anything over.

Do not agree to a salary. You can negotiate a guarantee for a certain number of hours, but you are legally entitled to pay for every hour you work. Under a salary arrangement you'd be paid the same wether you work 30 or 60 hours, while a nanny with guaranteed hours would get paid for a minimum of 30 hours, but if she works more than 30, she would be paid for the extra hours as well.

Anonymous wrote:If you aren't needed one day (say they go on vacation) you still get paid. Make sure you do get paid overtime though and have set hours

What you're talking about is guaranteed hours, not salaried.

I am a salaried nanny. My agreement has a cap on a max number of hours per week, there is no overtime pay and if I need time off or I'm not needed for some reason, my pay stays the same.
It's very important to have a max number of hours per week in a salaried position, otherwise you could be taken advantage of.

Nannies are by law hourly employees.

A salaried employee, for example, might normally work 30 hours a week but one week be called in for 60 hours with no additional pay. YOU DO NOT WANT THIS.

Hopefully what she is offering is a weekly rate for a maximum of 30 hours/week. If she can't budge on her mentality (calling it salaried rather than guaranteeing hours) then you want to be very specific verbally and in your contract that you'll get paid an $X/week salary with a maximum of 30 hours worked between the hours of Xam-Xpm on XYZ days. Don't leave her any room to take advantage of you down the road.

If you aren't needed one day (say they go on vacation) you still get paid. Make sure you do get paid overtime though and have set hours

I have a phone interview today for a nanny position. Over email the MB told me this is a salaried position, they don't pay hourly. It's also a part time position for 30 hours a week. Now the rate she gave me works out to about what I'm looking for hourly. I'm just wondering what's the point of paying salaried instead of hourly? All my jobs have been hourly in the past. What I I work more or less than the 30 hours? Anyone have experience with a salaried position? Thank you.