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.

More employers need to get sued and the stupidity will stop. Just watch.

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.

This is entirely standard when parents are guaranteeing more than 40 hours per week. Careful parents spell it all out in the contract to protect themselves, but the nannies I've had and interviewed have always requested a weekly rate based on the number of hours, which has always exceeded 40 per week.

This isn't a matter of parents cheating the nanny, this is a matter of the nanny requesting weekly guaranteed income in a fixed amount for a fixed number of hours that exceeds 40. That guaranteed weekly rate can be broken down to an average rate per hour (e.g. $18 for each of 55 hours) or a lower base rate for the first 40 hours plus a higher time-and-a-half rate for each hour after 40.

This is exactly how it went for us. Our nanny wanted guaranteed hours at an averaged rate of $20/hrs. So we backed into the calculation and determined the base and OT rate that averaged to $20 for her guaranteed hours.

Exactly. The issue arises when a nanny doesn't communicate that her rate of $15/hour is her straight time rate, and she expects $22.50 for any hours over 40. That nanny runs into employers who offer her a job for $800/week gross for 50 hours, nanny signs the contract, and then realizes she is getting "cheated" out of her OT rate. At that point, the employers are going to get into trouble with the state wage and labor board if they didn't "back out" their weekly gross into an hourly rate and an OT rate.

(In my above example, nanny makes $14.54/hour and $21.81 for OT. If she got $15/hour and $22.50/OT, she'd gross $825/week)

Of course, if they did break the rate down and nanny signed the contract, nanny has nowhere to go with her complaints.

Yet another reason the nanny industry needs specific standards, including explanation of OT laws, information on why paying legally is important for both sides, and all the other minutia that goes with the industry.

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.

This is entirely standard when parents are guaranteeing more than 40 hours per week. Careful parents spell it all out in the contract to protect themselves, but the nannies I've had and interviewed have always requested a weekly rate based on the number of hours, which has always exceeded 40 per week.

This isn't a matter of parents cheating the nanny, this is a matter of the nanny requesting weekly guaranteed income in a fixed amount for a fixed number of hours that exceeds 40. That guaranteed weekly rate can be broken down to an average rate per hour (e.g. $18 for each of 55 hours) or a lower base rate for the first 40 hours plus a higher time-and-a-half rate for each hour after 40.

This is exactly how it went for us. Our nanny wanted guaranteed hours at an averaged rate of $20/hrs. So we backed into the calculation and determined the base and OT rate that averaged to $20 for her guaranteed hours.

Anonymous wrote:

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

I think this is the point. If someone offers you $1,000 a week, you can't tell whether they are offering a lower rate with OT or a higher rate but not counting OT. You have to ask and make it clear.

When your employee reports you, you are the one who must produce documentation proving that you fairly paid OT wages.

What part don't you understand?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

I think this is the point. If someone offers you $1,000 a week, you can't tell whether they are offering a lower rate with OT or a higher rate but not counting OT. You have to ask and make it clear.

Unless the family is asking the nanny to work hours over those agreed upon initially, it makes no difference. $1000 for x number of hours is still $1000 dollars for x number of hours regardless of how it's broken down. (Ps I'm a nanny)

Yes I know. But then you can't later say they weren't paying you overtime. It needs to clearly state the hourly rate even if that's not how youre paid.

Anonymous wrote:

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

I think this is the point. If someone offers you $1,000 a week, you can't tell whether they are offering a lower rate with OT or a higher rate but not counting OT. You have to ask and make it clear.

Unless the family is asking the nanny to work hours over those agreed upon initially, it makes no difference. $1000 for x number of hours is still $1000 dollars for x number of hours regardless of how it's broken down. (Ps I'm a nanny)

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

I think this is the point. If someone offers you $1,000 a week, you can't tell whether they are offering a lower rate with OT or a higher rate but not counting OT. You have to ask and make it clear.

Anonymous wrote:in the past i was cheated, parents paid me 50 hours at normal rate and found out after 40 its time and a half so wake up smell the coffee!!!!!!!!!!!!

Lots of nannies are not being paid time and a half for OT, and should be. Everything over 40 hours is OT. This includes most FT nannies.

Anonymous wrote:

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

No, taxes are based on total income, not the rate.

Then what is the issue here? A higher rate per hour averages to the same as a lower rate plus OT as long as the math is done correctly.

Anonymous wrote:Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

No, taxes are based on total income, not the rate.

Are the taxes handled differently for OT? I ask because it all works out to be about the same. For example 50 hours at $20/hour =$1000, 40 hours at $18.20 plus 10 hours at 18.20 x 1.5 ($27.3)= $1001

Anonymous wrote:

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.

Read the bolded and try to keep up, fool.

Your chosen nannies must be super intellegent.

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.

Read the bolded and try to keep up, fool.

7:17 - you replied to my post. I was clear in laying out the hours as well. For any time past the set hours ( rare) the contract lays out the OT rate.

If the employer is noncompliant, she can easily be forced to pay up all back wages owed. No brainer.