Anonymous wrote:

Anonymous wrote:I would talk to the owner of your current nanny agency.

I would think it would be illegal for the agency to allow families to skip out on OT pay for more than 40 Hrs. a week of work.

I know for a fact that "reputable" nanny agencies are promoting this illegal gimmick to naive nannies. Shame on them.

It's not illegal to break it down into regular and OT rates...why does this bug you so much?

Anonymous wrote:I would talk to the owner of your current nanny agency.

I would think it would be illegal for the agency to allow families to skip out on OT pay for more than 40 Hrs. a week of work.

I know for a fact that "reputable" nanny agencies are promoting this illegal gimmick to naive nannies. Shame on them.

just a vent....

again...

"Second, technically it's actually only illegal for families if the standard rate is below minimum wage. They can offer a total rate and then break it down into regular and OT pay where the regular rate is above minimum wage, which is what a lot of families do since they have a total budget in mind for childcare. "

+1

Anonymous wrote:It is illegal NOT to pay overtime. Report them.

It's illegal to not pay overtime. It's not illegal to say you're not going to do it.

Anonymous wrote:I would guess they would do blended
hours. They would drop the rate for the
first 40 hours, so that the last ten
hours appear to be time and a half.

Correct, this is what everyone does. You get the weekly salary.

You'll have to decide for yourself how many hrs you want to work and what monthly or weekly income you need or want.

Anonymous wrote:I would talk to the owner of your current nanny agency.

I would think it would be illegal for the agency to allow families to skip out on OT pay for more than 40 Hrs. a week of work.

It's not illegal for agencies. If it was then all agencies would only work with families who paid on the books and legally and we all know that isn't true.

First, there are actually a lot of families and nannies who don't realize that you have to pay nannies hourly and not salary and don't realize that you have to pay an OT rate. Second, technically it's actually only illegal for families if the standard rate is below minimum wage. They can offer a total rate and then break it down into regular and OT pay where the regular rate is above minimum wage, which is what a lot of families do since they have a total budget in mind for childcare.

Example-

Family is offering a $1000/week for 50 hours. Some people prefer to say it's $20/hr but you can also break it down like this to make it legal with the OT rate-

Regular rate (40 hours)- $18.19- $727.20
OT Rate (10 hours)- $27.28- $272.80


I have found a lot of agencies advertise their jobs with a total rate but then structure their contracts like this as well.

I would talk to the owner of your current nanny agency.

I would think it would be illegal for the agency to allow families to skip out on OT pay for more than 40 Hrs. a week of work.

Anonymous wrote:

Anonymous wrote:To whom?

US Department of Labor. You can file the complaint online.

You'd have to let them hire you first and work for them. You can't call up some government agency and say "I was going to babysit for a family but they told me they don't pay over time! Please sue them!!!"

They are likely doing an "average" hourly rate, and yes, an agency should know better.

If you know what you need to gross weekly to live comfortably, wage tricks don't matter. Just stick with your $$ needs, and the hourly will work itself out.

I would guess they would do blended
hours. They would drop the rate for the
first 40 hours, so that the last ten
hours appear to be time and a half.

Anonymous wrote:To whom?

US Department of Labor. You can file the complaint online.

To whom?

It is illegal NOT to pay overtime. Report them.

Just a vent, but I've found myself in the position of looking for a new job, and both families I've been sent by the agency have wanted 50 hours a week at no overtime rate. I actually flat out canceled an interview after finding out the family wasn't going to pay overtime. What's the deal??? Why do so many parents want to work you to the bone and refuse to pay overtime? And why is this agency accepting it?