If you write a contract without breaking down the hourly rate it is incorrect. In this scenario it would come out to a regular rate of $13.98/hour for the first 40 hours and then an overtime rate of $20.97 for the additional 10 hours. For example, if your contract states that your nanny gets paid $40k for 50 hours/week, you have to then break down the hourly rate. If you want to list your nanny as "salary" you should break down their hourly rate in the contract. The Fair Labor Standards Act (FLSA) states that all nannies must be paid for every hour worked and that live-out nannies must also be paid overtime (time and a half) for anything over 40 hours in a 7 day period.
Don't think I'm being harsh - it's the law - I'm just the messenger.Ī nanny is a non-exempt hourly employee. I'm also breaking it down so any parents who employ a nanny will adhere to these laws if they aren't already. I'm going to break down overtime very clearly so any nanny who is being illegally cheated out of overtime will have the information and encouragement to speak to their employers about it. If a family did it to me (someone who very vocally laid out the laws to them and provided them with sources on nanny overtime), they surely are continuing to do it to the nanny after me and will continue doing it to all of their future nannies - again and again - until someone says ENOUGH. And then I'm stuck deciding if I should sue the parents who did it to me - which would then forever tarnish the relationship, and I love the kids so much. But it's money I deserve.
I hate you because so many parents ignore their LEGAL obligation to pay it, so I'm stuck deciding whether or not to risk my job by bringing it up or quitting my job because after bringing it up, they still refuse to pay it. I love you because I work hard and I deserve it. How I love you and hate you at the same time.
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