Anonymous wrote:I would not get this advice on GTM. The above does not sound correct.

Agree about GTM.

I would not get this advice on GTM. The above does not sound correct.

If I'm reading this correctly, OP said nanny would be working only every *other* week which actually does make a difference legally, as DOL says that employer can define a workweek how they want as long as it is "seven consecutive 24-hour periods" (https://www.dol.gov/whd/overtime_pay.htm). This means if your nanny is working 11 hours a day Mon-Fri one week and 0 hours the next week, and you define the workweek as starting Thursday at midnight, then she effectively works 33 hours one workweek (Mon-Wed) and 22 hours the next workweek (Thu-Fri). This is assuming you live in an area where OT is defined as >40 hours per week as opposed to >X hours per day.

Most payroll companies will have a default workweek definition of Mon-Sun or Sun-Sat, but legally, you can structure it such that you're not required to pay OT. However, it's probably not easy to find a nanny that is willing to work a schedule like this unless it pays enough to be her only job, so I wouldn't recommend it as it will breed resentment if you do this to save money in a way that impacts her financial security.

Amazed this is even a question

I am sure your employer pays you OT if you are an hourly employee so please do the same.

Live in or live out? What state?

If live-in, then many states do not require OT.
If live-out, you need to check your state. But bet on yes, you need to pay OT. However, like most have already said, factor the OT into the overall comp.

Anonymous wrote:Our nanny will be working about 55 hours per week, every other week. Are we required to pay OT time +half for each hour over 40? Since we’re paying on the books, I want to ensure we’re doing everything correct and fair. Thank you

Good try! You know perfectly well you owe her OT.

Yes you are.

That said, many nannies will want to work for (and negotiate based on) a weekly salary. So you need to think in terms of a base hourly rate for the first 40 hours, then 1.5 x that for the 15 additional hours and that gives you the weekly salary.

So at $15/hr the weekly salary (for 55 hours) would be $937.50, at $20/hr it would be $1,250.

In your shoes I'd figure out what you can afford weekly and back that into the hourly rate and see what your range is. Can you afford a nanny at $18/hr, 20/hr, 22/hr, etc... Then you'll have a range within which you can start your search and discuss/negotiate salary and rates w/ nannies in a completely legal way.

Of course you do.

Anonymous wrote:Our nanny will be working about 55 hours per week, every other week. Are we required to pay OT time +half for each hour over 40? Since we’re paying on the books, I want to ensure we’re doing everything correct and fair. Thank you

Yes. You are required to pay overtime for every hour over 40 in a given week. I echo checking your state laws if the day hours go over 8 or 9 (it’s 9 hours in California so even if we have a nanny only one day a week but for ten hours in that day, we pay an hour of overtime).

You can check with your payroll service but I think you do need to pay OT. Are you going to guarantee 55 hours a week? if so you may be able to negotiate a slightly lower hourly rate, but then you have to pay the OT whether you use it or not.

Yes you are required to pay OT.

Check your state laws. Yes, anything over 40 hours is due overtime and, in some states, anything over nine hours a day requires overtime.

Our nanny will be working about 55 hours per week, every other week. Are we required to pay OT time +half for each hour over 40? Since we’re paying on the books, I want to ensure we’re doing everything correct and fair. Thank you