In an incredibly interesting and complicated court case involving:
- Wrongful Discharge
- Breach of Employment Contract
- Unpaid Wages
- Unpaid Overtime
The United States District Court, D. Oregon affirmed that nannies are indeed non-exempt employees and are entitled to hourly pay and overtime pay for hours worked in excess of 40 in a work week. The court further affirmed that a work agreement that was expressly for a 24 month period of time (rather than "at will") was enforceable.
If you employ a nanny, or are considering employing any household employee, I encourage you to read the court's decision. This is a text book case of what an employer should not do in household employment.
HomeWork Solutions' online FAQ provides detailed discussion of many of the FLSA issues addressed in this case, including the applicability of overtime in household employment. Our free sample nanny work agreement templates specifically address "at will" employment.