Anonymous
Post 08/06/2013 09:27     Subject: Re:nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.

I agree. It's wise to again stress that the employer will be legally required to pay up if she hasn't paid the sitter the required OT wages.


You're right, but again, it depends on how things have been worded. There is nothing illegal about backing into a base and OT rate from a weekly amount. What I'm saying is, if everyone agreed to a particular hourly rate, and nowhere was an alternative base and OT rate specified, then the rate agreed upon IS the base rate. If a parent means average rate, they MUST specific actual rates in writing or the nanny has a perfectly legitimate claim to unpaid OT.


Yes, the wording is what's important. Every nanny I interviewed discussed pay as a weekly amount, stressing the importance of guaranteed hours to insure they made a specific weekly amount. I had to spell out how that weekly amount would translate into average and OT per hour, to be sure they understood what they were asking about as an hourly wage, which is important for them to understand as nannies are hourly workers. None of them cared as long as the weekly target was met. If you're a nanny for whom the hourly rate is your measure, fine. Be upfront with it so we can do the appropriate OT calculations and I can decide if you are in my desired range to pay. If not, we part ways. No problem.


I agree that nannies should make their expectations clear. I do believe, however, that it is the employers legal responsibility to clarify these things in the contract. For example, say a nanny agrees to $300/week and no mention is made of the hourly rate. She starts working 30 hours per week but slowly she finds herself working more and more hours. Eventually she is working 40-50 hours per week on a regular basis with no increase in the weekly rate. An employer who has never calculated and documented the nanny's actual hourly rate, and subsequently adjusted her pay as she works more hours, is now stupidly flirting with the line between legal and illegal pay. No one is going to give a flip when you, the employer, say that you guys simply agreed on a weekly rate. The fact is, a nanny is an hourly employee and the employer must document her rate.
Anonymous
Post 08/06/2013 09:27     Subject: Re:nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Yes, the wording is what's important. Every nanny I interviewed discussed pay as a weekly amount, stressing the importance of guaranteed hours to insure they made a specific weekly amount. I had to spell out how that weekly amount would translate into average and OT per hour, to be sure they understood what they were asking about as an hourly wage, which is important for them to understand as nannies are hourly workers. None of them cared as long as the weekly target was met. If you're a nanny for whom the hourly rate is your measure, fine. Be upfront with it so we can do the appropriate OT calculations and I can decide if you are in my desired range to pay. If not, we part ways. No problem.

Look, you as the employer are responsible to be clear about paid hourly rates and OT wages. Otherwise, you will be the one who will be forced to pay up, not the nanny.


Apparently, your reading comprehension isn't very good. Read the post you're responding to again and try to keep up.

Apparently, you prefer double-speak. GL.
Anonymous
Post 08/06/2013 09:04     Subject: Re:nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Yes, the wording is what's important. Every nanny I interviewed discussed pay as a weekly amount, stressing the importance of guaranteed hours to insure they made a specific weekly amount. I had to spell out how that weekly amount would translate into average and OT per hour, to be sure they understood what they were asking about as an hourly wage, which is important for them to understand as nannies are hourly workers. None of them cared as long as the weekly target was met. If you're a nanny for whom the hourly rate is your measure, fine. Be upfront with it so we can do the appropriate OT calculations and I can decide if you are in my desired range to pay. If not, we part ways. No problem.

Look, you as the employer are responsible to be clear about paid hourly rates and OT wages. Otherwise, you will be the one who will be forced to pay up, not the nanny.


Apparently, your reading comprehension isn't very good. Read the post you're responding to again and try to keep up.
Anonymous
Post 08/06/2013 07:17     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:When I interviewed folks they all spoke in weekly rate terms too. Contract has a base rate to back into the weekly we agreed with nanny but we have never talked about a specific hourly rate - always the weekly amount.


You claim that your "folks" were unconcerned about the necessary number of hours required to earn your weekly salary? You make no sense. Or are you saying that your sitters are incapable of basic arithmetic?

You seem to be snowballing your domestic employees if you tell them you'll pay them $800. "per week" for instance, without first making clear your hourly rate. You are legally forbidden from requiring them to work "extra" hours without increased compensation.

It appears that you want to cheat your nanny out of her fair wages....?



Anonymous
Post 08/06/2013 05:44     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
When I interviewed folks they all spoke in weekly rate terms too. Contract has a base rate to back into the weekly we agreed with nanny but we have never talked about a specific hourly rate - always the weekly amount.
Anonymous
Post 08/05/2013 22:45     Subject: Re:nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.

I agree. It's wise to again stress that the employer will be legally required to pay up if she hasn't paid the sitter the required OT wages.


You're right, but again, it depends on how things have been worded. There is nothing illegal about backing into a base and OT rate from a weekly amount. What I'm saying is, if everyone agreed to a particular hourly rate, and nowhere was an alternative base and OT rate specified, then the rate agreed upon IS the base rate. If a parent means average rate, they MUST specific actual rates in writing or the nanny has a perfectly legitimate claim to unpaid OT.


Yes, the wording is what's important. Every nanny I interviewed discussed pay as a weekly amount, stressing the importance of guaranteed hours to insure they made a specific weekly amount. I had to spell out how that weekly amount would translate into average and OT per hour, to be sure they understood what they were asking about as an hourly wage, which is important for them to understand as nannies are hourly workers. None of them cared as long as the weekly target was met. If you're a nanny for whom the hourly rate is your measure, fine. Be upfront with it so we can do the appropriate OT calculations and I can decide if you are in my desired range to pay. If not, we part ways. No problem.

Look, you as the employer are responsible to be clear about paid hourly rates and OT wages. Otherwise, you will be the one who will be forced to pay up, not the nanny.
Anonymous
Post 08/05/2013 21:58     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:I'm in this situation now. I work 52 hours a week, all paid at my regular rate. Unfortunately I think the difference in my pay for overtime might make a nanny too expensive for the family, and I'd rather keep my job making good money than complain about the overtime amount that should be paid. I know, horrifying, but this is the reality of it.


Similar situation, and I'm not saying anything. I am paid on the books with health insurance, gas reimbursement, 8+ weeks of paid vacation days as the family goes out of town often, can come in late/take off when needed, etc. I don't care if its illegal. Some nannies actually don't and I think it's fine.
Anonymous
Post 08/05/2013 18:52     Subject: Re:nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:
Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.

I agree. It's wise to again stress that the employer will be legally required to pay up if she hasn't paid the sitter the required OT wages.


You're right, but again, it depends on how things have been worded. There is nothing illegal about backing into a base and OT rate from a weekly amount. What I'm saying is, if everyone agreed to a particular hourly rate, and nowhere was an alternative base and OT rate specified, then the rate agreed upon IS the base rate. If a parent means average rate, they MUST specific actual rates in writing or the nanny has a perfectly legitimate claim to unpaid OT.


Yes, the wording is what's important. Every nanny I interviewed discussed pay as a weekly amount, stressing the importance of guaranteed hours to insure they made a specific weekly amount. I had to spell out how that weekly amount would translate into average and OT per hour, to be sure they understood what they were asking about as an hourly wage, which is important for them to understand as nannies are hourly workers. None of them cared as long as the weekly target was met. If you're a nanny for whom the hourly rate is your measure, fine. Be upfront with it so we can do the appropriate OT calculations and I can decide if you are in my desired range to pay. If not, we part ways. No problem.
Anonymous
Post 08/05/2013 18:12     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Definitely not saying that there aren't nannies who aren't paid appropriately, but you might want to make sure of what the hourly rate is if a parent quotes you a weekly or monthly rate. If they are paying, say $1,000 a week for 55 hours, the rate is not a straight $1000/55 = $18. They are probably calculating it as (40 x rate) + (15 x rate x 1.5) = $1,000. In which case the rate would be $16.

If that's what they were doing, it'd be in the contract and there would be no confusion. Nice try.


I'm not saying this is or isn't what anyone is doing and I don't agree that this is always specifically in the contract. You also realize that a lot of nannies don't even seem to have contracts? I'm saying watch out for that. If an employer quotes you a rate that isn't gross hourly and guaranteed, make sure you ask questions to figure out exactly what it will mean for net pay.


How an employer arrives at the gross rate has nothing at all to do with what that gross rate translate to in net pay. Net pay is a function of the nanny's own tax obligations.

This poster sounds ignorant. Your gross hourly rate is your gross hourly rate, nothing more and nothing less. Your OT is your OT.

Or is it "is", is not what you might think it "is"? Where have we heard that before?
Anonymous
Post 08/05/2013 17:40     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Definitely not saying that there aren't nannies who aren't paid appropriately, but you might want to make sure of what the hourly rate is if a parent quotes you a weekly or monthly rate. If they are paying, say $1,000 a week for 55 hours, the rate is not a straight $1000/55 = $18. They are probably calculating it as (40 x rate) + (15 x rate x 1.5) = $1,000. In which case the rate would be $16.

If that's what they were doing, it'd be in the contract and there would be no confusion. Nice try.


I'm not saying this is or isn't what anyone is doing and I don't agree that this is always specifically in the contract. You also realize that a lot of nannies don't even seem to have contracts? I'm saying watch out for that. If an employer quotes you a rate that isn't gross hourly and guaranteed, make sure you ask questions to figure out exactly what it will mean for net pay.


How an employer arrives at the gross rate has nothing at all to do with what that gross rate translate to in net pay. Net pay is a function of the nanny's own tax obligations.
Anonymous
Post 08/05/2013 15:46     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:
Anonymous wrote:Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.

I agree. It's wise to again stress that the employer will be legally required to pay up if she hasn't paid the sitter the required OT wages.


You're right, but again, it depends on how things have been worded. There is nothing illegal about backing into a base and OT rate from a weekly amount. What I'm saying is, if everyone agreed to a particular hourly rate, and nowhere was an alternative base and OT rate specified, then the rate agreed upon IS the base rate. If a parent means average rate, they MUST specific actual rates in writing or the nanny has a perfectly legitimate claim to unpaid OT.
Anonymous
Post 08/05/2013 15:40     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.

I agree. It's wise to again stress that the employer will be legally required to pay up if she hasn't paid the sitter the required OT wages.
Anonymous
Post 08/05/2013 15:30     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Nannies, unless otherwise specified if a parent offers you a particular rate then that is your base rate. MBs may argue differently, but there is no such thing as an average rate and your local labor board will agree. If you agreed to say $14/hour and are being paid $14/hour including those over 40, you have a claim to back OT pay, as the labor board will assume $14 is your base rate and $21 your OT rate. However if only a weekly rate was specified, so long as when base and OT are calculated they abide by minimum wage laws, this is legal. Parents and nannies alike should be very careful how they address the hourly rate, base and OT should be specified in writing, and don't just assume someone is talking base/average rate.
Anonymous
Post 08/05/2013 15:24     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
Anonymous wrote:This is why nannies need to be careful when comparing rates at the playground. An $18 per hour average rate is very different from an $18 per hour base rate with time and a half after 40 hours. Many nannies would price themselves right out of their jobs if they tried to make their average rate a base rate and then add time-and-a-half after 40 hours on top of that.

You are being disingenuous here and you know it. When anyone offers you $28/hr, that's what they pay you. If you should work over your 40 hours, they pay you overtime - time and a half. It's that simple.

Please stop your ridiculous nonsense already. It's boring.

Anonymous
Post 08/05/2013 15:14     Subject: nannies after 40 hous its time and a half dont let parens cheat you!!!!!!!
This is why nannies need to be careful when comparing rates at the playground. An $18 per hour average rate is very different from an $18 per hour base rate with time and a half after 40 hours. Many nannies would price themselves right out of their jobs if they tried to make their average rate a base rate and then add time-and-a-half after 40 hours on top of that.