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Anonymous wrote:I'd say the demand is "work tomorrow or don't get paid." Semantics, I suppose.
And if working tomorrow means traveling in what could have been unsafe conditions, you've not really given her a choice have you? It was spend the night at work to ensure you are here tomorrow, don't get paid, or risk your life to get here. Anyone else asked to spend the night at work would get paid.
You obviously have never met anyone who has had to pull an all-nighter at their job to make sure they met a deadline. If they are on salary, they don't get extra to stay there.
You are obviously not very smart. Nannies aren't salaried workers, especially not one who wouldn't get paid for a weather day. Hence the "stay tonight, or don't get paid when you can't get here tomorrow" issue. And being hourly employees, they ought to get paid, if you've mandated their presence at work.
You're right. Being told "if you don't stay and finish this project or you will lose your job" is so much different than "stay the night, or you don't get paid when you can't get here tomorrow".
Yes am right, and your continued sarcasm is only making you look silly. Salaried workers have deliverables. They have to finish certain things before their work is "done". Hourly workers are paid to do specific often repetitive tasks for a specified period of time. That is the difference, and that is why a nanny is not a salary worker. You cannot compare the two. There are no deliverables, no projects, and no deadlines. You pay her for her presence for a specified period of time. If you have her spend the night as a condition of payment in the event of bad weather, you'd best believe you should, if not legally have to, pay her.
Thousands of people had to decide today if they should go into work. Many of them had to go, or they would have to take some type of PTO, or, for others, they won't be getting paid for today. Why should a nanny expect to be paid when many others won't be?
I'm NOT talking about being paid for the snow day, dimwit. I mean if you ask her to spend the night before, as a condition of getting paid the following day, you should also expect to pay her for that time, perhaps the same or slightly less than an overnight.
Not the poster this nanny is debating with, but clearly logic is not the nanny's strong suit. No one is making the nanny stay overnight as a condition of getting paid for the next day. They are saying that the nanny must be physically present and working as a condition of getting paid for the snow day, and they are inviting her to spend the night to make it easier for her to be physically present in the morning.
Also, before you go calling other posters "dimwits," you might want to address some major flaws in your own argument. First, you suggest that only salaried employees have "deliverables," while hourly workers get paid for doing specific tasks for a specific period of time. Guess what? Your deliverable as an hourly nanny is your performance of the agreed-upon tasks for the agreed-upon number of hours at the agreed-upon place (the employer's home).
Second, you assert that nannies are hourly employees as if that helps your position. In fact, most non-exempt workers do not get paid if they cannot work due to snow, because they aren't able to meet their deliverable, i,e., the snow has prevented them from performing the "often repetitive tasks" that constitute the non-exempt job. Nannies with guaranteed hours and PTO are effectively a hybrid class of workers: legally non-exempt but subject to some characteristics of a salaried position. This is significant because the hybrid nature of the job warrants a hybrid solution to the snow day problem.
Third, a salaried worker typically gets paid for snow days because the snow does not relieve her of the duty to meet her deliverables; it just changes the time, place, and manner in which she meets them. So, the fair solution for "hybrid" nannies is for the employer to hold her to her deliverable, but allow her to meet that deliverable in a different time, place and manner, just like most other workers with PTO. In other words, the nanny shouldn't be forced to work, but she shouldn't get paid for the missed time unless she does what most salaried workers do: use PTO or make up the missed work hours.