PP here who posted the link. My point was that if this is a regular occurrence that the MB is fully aware of, the law views this situation as requiring OT pay. Frankly, given the OP's strict approach (assume she is a lawyer or possibly a labor lawyer), if I were her, I would not be comfortable with this. Legal requirement aside, I would also find it tremendously annoying that my kids were not home when I got home. I rush home every day to see my kids and would be irritated if I so to an empty house.

Nanny here and I absolutely would not expect to be paid OT if I was late returning home with my charges. Based on your post it sounds like you need to have a conversation with your nanny letting her know that you understand kids enjoy extra time at the park but that you expect her to have the kids home by X time. I always aim to be home from activities 30 minutes before my employers get home that way the kids can get cleaned up and settled into a new activity before mom & dad get home.

Overtime is best agreed on in advance, unless there is an unforeseen event.

The way I see it, as long as you are home at the time you said you would be, then that is the time that you are responsible to pay her up to.

If she has the kids somewhere and still hasn't returned them on her own, that is on her and she should figure that out.

It's not like you can come home, and she can keep the kids out an extra hour on her own, then ask you to pay her for that extra hour.

No can do.

No, you don't have to pay - nor should you pay - your nanny for the time when she is late bringing the children home. Beyond that, it is part of her job to have the children home at the time you say - not what the kids say or what she wants to do.

I always end up being early to every job (I have a phobia about being late to anything) and, although I start working the moment I get there, I tell them to never pay me for arriving early (I joke that they would be fueling my neurosis).

Anonymous wrote:Actually the PPs are not correct. The standard under FLSA is whether the employer has "suffered and permitted" to work. If the employer is aware that the employer is working -even if not requested- it still counts as "work" that must be paid for.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp

So your saying she should be fired?

Anonymous wrote:Actually the PPs are not correct. The standard under FLSA is whether the employer has "suffered and permitted" to work. If the employer is aware that the employer is working -even if not requested- it still counts as "work" that must be paid for.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp

grow up and live your own life instead of allowing a semi corrupt government hold you hostage to rules they themselves don't follow.

Anonymous wrote:Actually the PPs are not correct. The standard under FLSA is whether the employer has "suffered and permitted" to work. If the employer is aware that the employer is working -even if not requested- it still counts as "work" that must be paid for.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp

That might be the letter of the law, but it really only becomes an issue if her nanny begins to expect payment when she is late getting them home. If she doesn't care, why stress over 15 minutes unless it is messing with other plans or routines.

Actually the PPs are not correct. The standard under FLSA is whether the employer has "suffered and permitted" to work. If the employer is aware that the employer is working -even if not requested- it still counts as "work" that must be paid for.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp

Anonymous wrote:My family doesn't care if we are late sometimes, so if we are out and they are having fun I don't rush to get home in time for my normal end time unless I have plans afterwards. I don't expect any OT for that. It's just something I do because it is good to see them having a good time and it doesn't hurt me to spend an extra 15 minutes "on the clock."

This is how I am too. I wouldn't worry about it. Only pay overtime for the times that are out of her control.

My family doesn't care if we are late sometimes, so if we are out and they are having fun I don't rush to get home in time for my normal end time unless I have plans afterwards. I don't expect any OT for that. It's just something I do because it is good to see them having a good time and it doesn't hurt me to spend an extra 15 minutes "on the clock."

No, you don't have to pay her overtime in this case.
Like you said, she's killing time. You have the right to insist they are home on time. But if you don't mind, there's nothing wrong with the situation as it is.

I just wouldn't worry about paying her for it. You aren't asking her to work extra time, she is doing it of her own volition. As a nanny I would never expect extra compensation for getting the kids home late (unless it was as a result of a class or activity that you scheduled). If it doesn't mess with your schedule, and you don't mind her being a little late, and its really just about the OT, I'd really just let this go. Not a huge deal.

I'm pretty strict about paying my nanny overtime if I am late by even 5 minutes, but she's pretty lax about getting home with the kids on time. I have said multiple times to be home on time because I don't want her working hours she's not paid for, but she still does it. Kid doesn't like to leave playground, I get it. Also nanny works a second job after she leaves us and just kills time in between so she seems to mind even less. I paid overtime the first few times this happened but I don't have to keep doing it, right? Alternatively, I don't want to be a jerk and tell her to be home on time or else! WDYT?