Anonymous wrote:Employer is refusing to pay overtime and just stick to an "average" hourly rate for 55 hours. Should I run or insist on a hourly rate and then time and a half rate?

She owes you OT for 15 hours. Report her to wage and labor as paying OT is not a choice

Anonymous wrote:Pp again to answer your question what they are offering can be worked out legally.

The red flag to me is they seem to be crunching themselves to afford you which usually means thy will end up replacing you with a cheaper option.

We don't know that. All we know is that their offer is $1,100/week for 55 hours. It might be that they only are willing to spend 57k annually, not that they can't afford more. Their offer is not extravagant but it is quite far from cheap. If that salary is being offered anywhere in the DC Metro area (assuming this isn't for a special needs circumstance or anything requiring unusual training) it is an offer that will command top notch nannies by the dozens.

A lot of nannies have a fixed "I am worth X amount per hour" in their heads, and cannot get around the idea of accepting less as the base rate than their "X", even if that plus OT rate gives a blended rate equaling their X.

Example: "I am worth $20/hr" nanny may be offended by being offered $18/hr base, but might be perfectly happy if told she'd be making $1100/wk.

It's all semantics. I will not pay a base rate that will put me in excess of my weekly budget knowing the number of hours required in the schedule. If the nanny chooses to accept the offer with the blended rate, great. If not, oh well.

Pp again to answer your question what they are offering can be worked out legally.

The red flag to me is they seem to be crunching themselves to afford you which usually means thy will end up replacing you with a cheaper option.

So I guess Op you have to figure out if this family is worth taking a pay cut or if you can afford pay cut.

So, they are offering $1100 per 55-hour week, which works out (approximately) to actual pay of
$18/hr for the first 40 hours = $720
$27/hr (1.5x18) for the next 15 hours = $405
Total = $1125

Question:
Would this be good enough for you if they paid the extra $25 per week, guaranteed the $1125, and promised to pay $27/hr for any hours over 55? Or are you only willing to work for $20/hr base minimum?

Anonymous wrote:So they want to salary you?

As others have said you can figure out the hourly rate they are offering and work out 15 hours of ot.

My guess is your regular hourly rate is too high for them.

Exactly. They want to offer 20 an hour every hour vs. 20 an hour the first 40 and 30 for the remaining 15.

So they want to salary you?

As others have said you can figure out the hourly rate they are offering and work out 15 hours of ot.

My guess is your regular hourly rate is too high for them.

You can calculate the base & OT rates yourself based on the advertised "average rate" - you don't need your boss to do that for you. So are you just concerned how you'll be paid for hour over 55?

Anonymous wrote:It's not legal, though if those are guaranteed hours, you could figure out from the weekly total what you are actually getting in terms of an hourly for 40 hours and overtime for 15, and then counter that the weekly guaranteed sum is ok (if it is), but that any hours over the 55 will be at the overtime rate. How much are they offering? We can figure that out for you.

Yes, this.

You cannot "refuse to pay overtime"above 40 hours. Clarify with employers. It should be 40 hours at X rate plus 15 hours at OT rate.

RUN. The "AVERAGE HOURLY RATE" was your first RED flag. If you continue with that deception, what do you expect?

It's all semantics until you hit hour 56. Clarify how that will be handled and you have your answer.

It's not legal, though if those are guaranteed hours, you could figure out from the weekly total what you are actually getting in terms of an hourly for 40 hours and overtime for 15, and then counter that the weekly guaranteed sum is ok (if it is), but that any hours over the 55 will be at the overtime rate. How much are they offering? We can figure that out for you.

Employer is refusing to pay overtime and just stick to an "average" hourly rate for 55 hours. Should I run or insist on a hourly rate and then time and a half rate?