Your Nanny may not know how this type of OT law works, so it would be best for you to let her know when asking her to babysit to avoid any misunderstandings later on.

Over time is paid on hours worked. Holiday, sick, pto are non working hours and don’t count towards overtime.

Yes states like California are different and do a daily OT

So say your nanny worked all week with 1 holiday off day - so worked 32 working hours and the one holiday is 8 hrs. So then you ask nanny to work 6 hrs on Saturday night.

That’s 38 working hrs and 8 holiday hrs (non working) which is a total of 46 hrs at all straight time

Just because there ia a holiday, it is extremely petty of you not to pay ot. I hope she quits on you.

Anonymous wrote:PP is correct, but I'd let nanny know when booking the date night - she may be expecting OT pay, not realizing the law.

NP. I also recommend making sure she is clear on this in advance. That the weekend hours aren’t paid at time-and-a-half unless the actual hours worked exceed 40 hours that week. Had a misunderstanding about this with my nanny a few years ago when she first started with our family. I wish I had put it in a quick email so she knew the deal. Everyone got over it, but now if there is a situation not specifically addressed in our contract, I never assume everyone is on the same page.

Anonymous wrote:PP is correct, but I'd let nanny know when booking the date night - she may be expecting OT pay, not realizing the law.

This.

Unless you’re in a location that has daily overtime (hello, California!), and you go over the daily limit (9 hours in California), you only pay overtime on WORKED hours over 40 (44 if you’re talking about a live-in nanny in a location that requires overtime).

PP is correct, but I'd let nanny know when booking the date night - she may be expecting OT pay, not realizing the law.

“Because holiday pay is not part of hours worked, the holiday pay is NOT included in the weekly overtime calculation.”

https://info.homeworksolutions.com/blog/how-holiday-pay-impacts-nanny-or-senior-care-overtime

We pay on the books. I know that if nanny works more than 40 hours, even if it is babysitting on a weekend "separate" from her nanny job, we have to pay at overtime rate. But what if she did not work one day that week due to a holiday. So for example, she had Veterans day off, we would pay her for 40 hours that week, but she only worked 32. If she babysat that weekend, would it be time and a half or just regular rate.

I am not asking to trade the date, but rather if she was paid for the holiday and did not work but then worked another day, what rate does she get paid

Not in need of a babysitter now, but would love to believe at some point in time we could have a date night.