Anonymous wrote:OP, let's use this example since you said you never hit a full 40 hour work week.
M - 12-5
T - paid holiday
W 12-5
T 12-7
F 12-7
That would be your "usual" 25 hour work week, but a holiday thrown in and two days of additional hours.
You should be paid for a 29 hour work week.
Anonymous wrote:Anonymous wrote:I'm not quite sure why nannies on this board think that the laws should only apply when the situation benefits them. The law clearly states that you are only required to pay an OT rate for hours worked. You can't pick and choose what law to abide by because the outcome is less favorable to you. I see so many of you putting down employers for not doing things legally.
In the example given, I would expect to be paid for 44 hours at my regular rate.
In that case I would NEVER work extra hours on a holiday week.
Anonymous wrote:I'm not quite sure why nannies on this board think that the laws should only apply when the situation benefits them. The law clearly states that you are only required to pay an OT rate for hours worked. You can't pick and choose what law to abide by because the outcome is less favorable to you. I see so many of you putting down employers for not doing things legally.
In the example given, I would expect to be paid for 44 hours at my regular rate.
And before anyone starts arguing legalities of OT when a holiday was included in the week blahblahblah:
If employers choose to nit pick 4 hours of OT vs. 4 hours of straight pay in a situation like the one OP described, several reactions may take place on the part of the nanny:
1) OK, well, I will refuse to work any additional hours on weeks where I have a paid holiday.
2) I think agreeing to work any more OT is a mistake on my part. The family doesn't seem to value my time very much.
3) Seriously? They pay me $15/hour and can't cough up for 4 hours of OT, instead insisting that a holiday means they avoid paying OT??? So they saved 4 x $7.50, and pissed me off to the point that I am going to be job hunting. Hope the $30 they saved was worth it!
nannydebsays wrote:And before anyone starts arguing legalities of OT when a holiday was included in the week blahblahblah:
If employers choose to nit pick 4 hours of OT vs. 4 hours of straight pay in a situation like the one OP described, several reactions may take place on the part of the nanny:
1) OK, well, I will refuse to work any additional hours on weeks where I have a paid holiday.
2) I think agreeing to work any more OT is a mistake on my part. The family doesn't seem to value my time very much.
3) Seriously? They pay me $15/hour and can't cough up for 4 hours of OT, instead insisting that a holiday means they avoid paying OT??? So they saved 4 x $7.50, and pissed me off to the point that I am going to be job hunting. Hope the $30 they saved was worth it!
Anonymous wrote:OP here. Okay so let's play out an example week here.
Nanny usually works Mon-Fri 9-5 (40 hrs). This week nanny's hours were:
Mon 9-5
Tues (Paid Holiday)
Wed 9-5
Thurs 9-7
Fri 9-7
So the nanny only worked 36 hours but is guaranteed 40. Is the nanny paid 40 hours this week, or 44? Shouldn't she get the full 8 hours for the holiday?