MB here. You need to pay your nanny for any time that she works beyond her contracted hours. If you will be late routinely then you need to let her know (so she can plan her life - compensation isn't the only issue) and you need to pay her.

Or, perhaps you can offer flexibility in time in a different way? Tell her the realities and ask if she would accept a later start time 2 or 3 days a week, or an additional half or full day off a month, or whatever would be some appropriate compensation.

But you need to compensate her somehow. Why on earth should she work for free, without warning or predictability, for the next two years? Wouldn't you be offended if your boss informed you that would be required of you? I certainly would.

Here is a link to (FLSA) Overtime Rules and Domestic Employment focusing on how to write a compliant employment contract.

Anonymous wrote:OP, would you be able to give nanny additional PTO in lieu of OT pay? Maybe she'd be willing to consider that option. Obviously not on a direct hourly exchange basis, but maybe she'd take an extra 5 - 7 days PTO a year in exchange.


That said, if you can't work this out and have to find a new nanny, accept that you can't afford the absolute best nanny because maxing out on wages at the start means nanny won't stay long. Instead, adjust your expectations and your wage downward so you can cover issues like this more easily.

I would agree to something like this, but I would expect 7-10 days. An extra 45 minutes 3 times a week actually works out to close to 3 weeks over the course of a year, and I think 7-10 extra days of PTO is a more fair compromise. If she already receives 10 days, I would also think it fair to make half of her total amount of PTO to overlap with yours.

I also agree with PPs suggestion that in the future you should adjust your starting offer, as well as your expectations lower to fit your budget and appropriate yearly increases. If you don't, things like this and raises will certainly lead you to lose your nanny before long. Please realize that your budget means that you cannot afford to keep a nanny like the one you have. You will have to relax your requirements for either experience, English proficiency, education, etc. but that of course does not mean that you cannot find a perfectly acceptable nanny. I just don't think it is fair or wise to underpay qualified nannies who deserve higher wages.

OP, would you be able to give nanny additional PTO in lieu of OT pay? Maybe she'd be willing to consider that option. Obviously not on a direct hourly exchange basis, but maybe she'd take an extra 5 - 7 days PTO a year in exchange.


That said, if you can't work this out and have to find a new nanny, accept that you can't afford the absolute best nanny because maxing out on wages at the start means nanny won't stay long. Instead, adjust your expectations and your wage downward so you can cover issues like this more easily.

That's why smart nannies will NOT live-in.
No protection under the law.
This needs to change.
EVERY hard working person deserves
this basic American right, under the law.

This is only one more reason,
I INCREASE my hourly rates
if I agree to live-in.

All nannies should do that, imo.
Problem solved.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure nannies are legally entitled to time and a half. Being paid hourly for overtime sure, if they are on salary and you suddenly increase their hours they need to be paid, but not at time and half.

You are incorrect. Look it up.

+1
It's the law.

SO I looked it up, apparently you don't have to pay time and a half for nannies working over 40 hours. There is a specific example on the gov't site that had a nanny working 50 hours and getting paid like $9.50/hr for 40, and then $9.50/hr for another 10. So OP, you do need to pay her for the extra time she is working, but no matter if she is already doing 40 hours for you or not, you do not need to pay her a higher rate.

False. That example would only apply to live-in nannies who do not get OT. The rest (all live-out domestic employees) do after 40 hours per the FLSA.
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/flsa-overtime-rules/

She's lying.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure nannies are legally entitled to time and a half. Being paid hourly for overtime sure, if they are on salary and you suddenly increase their hours they need to be paid, but not at time and half.

You are incorrect. Look it up.

+1
It's the law.

SO I looked it up, apparently you don't have to pay time and a half for nannies working over 40 hours. There is a specific example on the gov't site that had a nanny working 50 hours and getting paid like $9.50/hr for 40, and then $9.50/hr for another 10. So OP, you do need to pay her for the extra time she is working, but no matter if she is already doing 40 hours for you or not, you do not need to pay her a higher rate.

What state site did you search?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure nannies are legally entitled to time and a half. Being paid hourly for overtime sure, if they are on salary and you suddenly increase their hours they need to be paid, but not at time and half.

You are incorrect. Look it up.

+1
It's the law.

SO I looked it up, apparently you don't have to pay time and a half for nannies working over 40 hours. There is a specific example on the gov't site that had a nanny working 50 hours and getting paid like $9.50/hr for 40, and then $9.50/hr for another 10. So OP, you do need to pay her for the extra time she is working, but no matter if she is already doing 40 hours for you or not, you do not need to pay her a higher rate.

Nope, that's wrong. What's the link?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure nannies are legally entitled to time and a half. Being paid hourly for overtime sure, if they are on salary and you suddenly increase their hours they need to be paid, but not at time and half.

You are incorrect. Look it up.

+1
It's the law.

SO I looked it up, apparently you don't have to pay time and a half for nannies working over 40 hours. There is a specific example on the gov't site that had a nanny working 50 hours and getting paid like $9.50/hr for 40, and then $9.50/hr for another 10. So OP, you do need to pay her for the extra time she is working, but no matter if she is already doing 40 hours for you or not, you do not need to pay her a higher rate.

Anonymous wrote:

Anonymous wrote:I'm not sure nannies are legally entitled to time and a half. Being paid hourly for overtime sure, if they are on salary and you suddenly increase their hours they need to be paid, but not at time and half.

You are incorrect. Look it up.

+1
It's the law.