Anonymous wrote:Anonymous wrote:It's actually not that simple, OP.
In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.
For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).
I guess it is important to clarify this so if the nanny one week works 60 hours, those additional 10 hours are paid $20.46 per hour and not $15 (or $13.64)
Anonymous wrote:Very common to set total weekly wage for fixed number of hours. Work backward from that to regular wage and OT wage. Specify these in contract and/or payroll service (or excel spreadsheet used to calculate pay, whatever). Extra OT hours paid at OT rate. Nothing illegal about this.
Anonymous wrote:Anonymous wrote:Nannies are ALWAYS NON EXEMPY EMPLOYEES. This means they are HOURLY employees and MUST be paid an hourly wage. This is Federal law.
And the sky is blue.
Your statement is true but does not mean that the structure above is illegal.
Very common to set total weekly wage for fixed number of hours. Work backward from that to regular wage and OT wage. Specify these in contract and/or payroll service (or excel spreadsheet used to calculate pay, whatever). Extra OT hours paid at OT rate. Nothing illegal about this.
Anonymous wrote:Nannies are ALWAYS NON EXEMPY EMPLOYEES. This means they are HOURLY employees and MUST be paid an hourly wage. This is Federal law.
Anonymous wrote:I think PP is wrong about it being ok for the base / OT amts to be implicate instead of explicate in the contract.
You can negotiate based on avg rates against a fixed amt of guaranteed hrs each week. But the contract needs to spell out the base rate. And yes one reason this is so important is so that if a family needs an extra 2 hours one week, they need to pay at the contract's specified OT rate, not the avg rate.
Anonymous wrote:It's actually not that simple, OP.
In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.
For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).
Anonymous wrote:It's actually not that simple, OP.
In DC at least, it is very common for families that guarantee hours to pay a flat weekly sum in exchange for the guaranteed hours. It is just as common in these scenarios to negotiate that weekly sum in terms of average hourly rates. For example, the family might guarantee 50 hours and pay $750, for a average hourly rate of $15. The hours under 40 and the hours over 40 are all paid at the same average hourly rate. However, no one is cheating because there is an implicit base and time-and-a-half overtime rate.
For example, $750 per week for 50 hours = $15 average hourly rate. However, the true rate for the first 40 hours is $13.64 and the true rate for the last 10 hours is $20.46. It is best for the family to specify this breakdown in the work agreement, but not strictly necessary as long as the contract states the weekly pay, the total hours, and the fact that $15 is an average hourly rate (rather than a base hourly rate).