Anonymous wrote:I am in the process of hiring a full-time nanny for my infant son. I understand that as a full-time employee, a full-time nanny is required to be paid 1.5 times her regular rate for any hours worked in excess of 40 hours in a given week. However, how does one handle pay for the occasional evening babysitting gig? On the one hand, it seems like the time-and-a-half rule should apply, since the nanny would technically be working over 40 hours in a given week. However, the job of nannying is arguably distinct from babysitting, and paying someone 1.5 times their regular rate to simply stand by while a child is sleeping seems excessive. Any thoughts/guidance?
According to the IRS and Wage and Labor, there's no difference. They are both childcare, and the distinction is negligible. However, some nannies are willing to write their contract so that they are distinct. If that's the route you want to go, make sure that it's in your contract.