OP here. Okay so let's play out an example week here.

Nanny usually works Mon-Fri 9-5 (40 hrs). This week nanny's hours were:

Mon 9-5
Tues (Paid Holiday)
Wed 9-5
Thurs 9-7
Fri 9-7

So the nanny only worked 36 hours but is guaranteed 40. Is the nanny paid 40 hours this week, or 44? Shouldn't she get the full 8 hours for the holiday?

She gets paid 40 hours. OT only kicks in after 40 hours worked. Nanny only worked 36 hours.

If I were the nanny, I wouldn't have agreed to stay the extra 4 hours on Thursday and Friday.

Week

Anonymous wrote:Is OP really entitled to two extra hours of pay, despite having an entire day off?

MB here. And yes. I suppose you can make the argument that she's not based on the whole OT thing (hours not worked don't count) but I think this is one of those situations where it's better to pay then risk nanny being resentful or annoyed. Making up hours is one of those difficult subjects, but I think that unless agreed upon, making up hours don't work out well in the long run.

OP, for our family (where nanny has never worked more than 40 hours) "guaranteed hours" means if we don't need her for some reason we still pay for that day. Holidays, random days off, and vacation days are all set in the contract in terms of how many hours we pay for on those days.

I think your question here is a little more complicated. I actually don't know if you can earn OT on a week where you have a paid holiday but I think the PP is correct. I know from my own previous experience as an hourly earner that you can't make OT on a week you take leave.

Is OP really entitled to two extra hours of pay, despite having an entire day off?

Agree with pp. However, if I remember correctly from awhile ago with a similar situation, the 4 hours are not considered OT (if your state law goes by the 40 hr week OT law) as OT only kicks in for hours WORKED over 40. A day off does not count towards those 40.

Here's a link that explains OT laws state by state
http://www.shrm.org/legalissues/stateandlocalresources/stateandlocalstatutesandregulations/documents/overtimelaws.pdf

Anonymous wrote:OP here. Okay so let's play out an example week here.

Nanny usually works Mon-Fri 9-5 (40 hrs). This week nanny's hours were:

Mon 9-5
Tues (Paid Holiday)
Wed 9-5
Thurs 9-7
Fri 9-7

So the nanny only worked 36 hours but is guaranteed 40. Is the nanny paid 40 hours this week, or 44? Shouldn't she get the full 8 hours for the holiday?

Your paycheck should be for 40 hours, (5x 9-5) and then 4 hours in cash or another check.

OP here. Okay so let's play out an example week here.

Nanny usually works Mon-Fri 9-5 (40 hrs). This week nanny's hours were:

Mon 9-5
Tues (Paid Holiday)
Wed 9-5
Thurs 9-7
Fri 9-7

So the nanny only worked 36 hours but is guaranteed 40. Is the nanny paid 40 hours this week, or 44? Shouldn't she get the full 8 hours for the holiday?

By the week

Like the PP said above, think of it like guaranteed pay, not hours. You and the family should agree that you will be paid $X weekly to retain your services and then agree on your normal hours (i.e. 8:00 - 5:00). If you don't come in or they let you leave at 3:30 one day you will still receive $X, but if they ask you to stay until 7:00 one day then you will receive your weekly pay ( $X ) and an additional amount of cash for the extra. Your normal weekly pay should really be on the books and have taxes withheld.

PP here - okay, that sounds like a confusing way for them to do it. My schedule is M-F 8 am - 6 pm. I've literally never left at 6, usually between 5:15 and 5:30. I'm guaranteed x amount of pay, even if MB decides to drop my charge off at pre-school one morning and I don't have to be there to pick him up until 12.

OP here. Well I am wondering because sometimes I work extra hours on certain days.

So say I stay 1 hour late on Mon and 1 hour late on Tues, I would be owed for 2 extra hours that week. But if I am let go 2 hours early on that Friday - does that eat up those 2 hours I worked? I should still be compensated

To me, guaranteed hours really "means" you are basically salary. I got the exact same pay (by check) every week. Sometimes they texted me and said they didn't need me for some random reason, or we had planned a day off because of grandparents or something. Also I got my same check when they were gone for a week on vacation. If I worked any extra hours beyond my 6:30 time or I came early because of illness or any other situation I was given cash (not taxed.)

Does it really matter? Since all the days will add up to your full week? I'm guaranteed the same amount of pay each week, no matter how few hours I work.

My contract states the hours are guaranteed per day. Is this what most people do? What is fair?