OP here--after doing some research and reading your posts we did decide to do the overtime "on the books" at the 1.5 rate. I originally thought it would be in both of our interests to do overtime under the table and she was agreeable to that, but after talking to our accountant he felt that that it was a big liability and something we could easily be sued or fined for. So rest assured, we are doing everything on the books. As for the language issue, we'll just have to see--right now what is important to us is that she is very caring and trustworthy.

OP $15 an average gross is very high for someone who is not fluent in english. You can find an english speaker, with great experience, clean driving record and other qualification for $15 average for 50 hours a week. For a non-english speaker you are closer to the $10 range, maybe $12 average.

In your contract you set the actual base and OT rate that works out to equal $15 average for 50 hours. This will give you a base rate lower than $15 and an OT rate higher than $15. If you aren't offering guaranteed hours over 40 hours but want her to get $15 average for those weeks just put a clause in the contract guaranteeing 40 hours at the lower base rate plus an additional flat payment for the difference between her hourly wages and $600. There is nothing wrong with giving her extra payment you just can't shift around her rate.

OP, don't be surprised if you get sued. You're assuming she doesn't know any English speakers, who know the law. Unbelievable. This feeds into the stereotype of parents seeking a non-English speaker, solely to play the nickel and dime game. Lawyer up.

Anonymous wrote:In case of emergency spanish is fine America equal espagnol y ingles!!

What the heck?!

In case of emergency spanish is fine America equal espagnol y ingles!!

Oops - $750. slip of the keys.

OP -- $15 is more than enough -- and is actually quite generous for a pure Spanish speaker with one baby. To make this completely legal just multiply $15 x 50 = $650 a week. Then back out what the hourly and overtime rates are for 50 hours at $650 a week: there are a lot of calculators on nanny payroll sites to help you do this. Tell her you will pay her $650 a week for 50 hours. Show her the hourly and overtime rate, and explain that it averages to $15 an hour. Either she takes it or she doesn't.

Also, if the nanny just speaks Spanish to your child, your kid will be effectively bilingual. Great for them.

And you need to assess how much Spanish you have. You probably have enough, but you may end up needing to work with her to learn more. Totally doable if you are good at languages. Also, use Google translate and put all the key terms in writing. That way there is no confusion. Then also offer a contract.

Good luck.

Regardless of whether you are paying on or off the books, it is federal law to pay overtime over 40 hours.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here. Thanks for the replies. She is legal and we were planning on paying the first 40 hours on the books and then pay her for any hours over 40 under the table at the 15$/hour rate. As for the language issue, we can definitely communicate in an emergency, both my husband and I have lived in spanish speaking countries--just some of the money/tax talk gets difficult.

You have no qualms about cheating the person who cares for your children not to mention that you ate breaking both Federal and state law by not psying 1.5 OT. You are despicable.you should have thought about the cost of childcare before having childten.

Only here would someone paying another individual close to $40,000 a year for child care be considered despicable.

Its not the amount of money, its the blatant disregard for the law. How about just following it, huh? Only here would you see a bunch of MBs taking up for someone breaking the law. But the pitchforks come out for pretty much anything a nanny on here says.

OT is not an option, it is something all hourly workers are entitled to. To deprive an employee of their legal rights, particularly one who cares for your children in your home, IS despicable.

Anonymous wrote:

Anonymous wrote:OP here. Thanks for the replies. She is legal and we were planning on paying the first 40 hours on the books and then pay her for any hours over 40 under the table at the 15$/hour rate. As for the language issue, we can definitely communicate in an emergency, both my husband and I have lived in spanish speaking countries--just some of the money/tax talk gets difficult.

You have no qualms about cheating the person who cares for your children not to mention that you ate breaking both Federal and state law by not psying 1.5 OT. You are despicable.you should have thought about the cost of childcare before having childten.

Only here would someone paying another individual close to $40,000 a year for child care be considered despicable.

$15 sounds fair, but I'd pay OT for over 40

Anonymous wrote:

Anonymous wrote:OP here. Thanks for the replies. She is legal and we were planning on paying the first 40 hours on the books and then pay her for any hours over 40 under the table at the 15$/hour rate. As for the language issue, we can definitely communicate in an emergency, both my husband and I have lived in spanish speaking countries--just some of the money/tax talk gets difficult.

You have no qualms about cheating the person who cares for your children not to mention that you ate breaking both Federal and state law by not psying 1.5 OT. You are despicable.you should have thought about the cost of childcare before having childten.

Instead of educating OP, let's call be mean and nasty about it. You sound like a real peach.

Anonymous wrote:

Anonymous wrote:I agree with 18:14 on the English. Speech therapy is now common place. Two languages are supposed to be wonderful, but for many children with the non-English speaking sitter, it's not turning out so well.

One of my former MBs has a Yale PhD in Spanish and French. It was actuall her who told me that most parents would be utterly horrified if they knew the level of Spanish their children were getting.

I do not have a degree in Spanish or French, and I don't need one to know that when you speak to a little child in two languages in every sentence, you're setting the stage for problems down the road. Do you?

Btw, I am bilingual. Are you? Why are you so touchy about this, PP?

For a bilingual person, you're remarkably dense about the matter. Your post conflates two entirely separate issues. One is the poor quality of language spoken by the caregiver (Spanish or otherwise). The other is "non-English speaking sitters".

Why do you assume that anyone who doesn't speak English speaks their other language poorly?

Why do you assume that non-English speaking sitters speak to little children in "two languages in every sentence"?

And lastly, why do you conflate the two? To make yourself look better?

Anonymous wrote:OP here. Thanks for the replies. She is legal and we were planning on paying the first 40 hours on the books and then pay her for any hours over 40 under the table at the 15$/hour rate. As for the language issue, we can definitely communicate in an emergency, both my husband and I have lived in spanish speaking countries--just some of the money/tax talk gets difficult.

You have no qualms about cheating the person who cares for your children not to mention that you ate breaking both Federal and state law by not psying 1.5 OT. You are despicable.you should have thought about the cost of childcare before having childten.