Many families have children heading back to school this month. It is not uncommon for a nanny who cares for both an elementary school child and a pre-schooler or younger to negotiate two different hourly rates - one for one child only, the other for both. The puzzle for many nanny employers is how to calculate the correct overtime rate. Legally, the "regular rate of pay," that which is used to calculate the overtime differential, must be at least the weighed average of all rates used in the work week. Here is an example:

US Senator Sherrod Brown (D-OH) has introduced S.770 - Payroll Fraud Prevention Act. The bill would amend the Fair Labor Standards Act of 1938 (FLSA) to ensure that employees are not misclassified as non-employees, and impose substantial penalties on employers who are found to have classified bona fide employees as independent contractors for purposes of avoiding payroll taxes. The bill is referred to the Senate's Committee on Health, Education, Labor, and Pensions.

Actor Robert DeNiro and wife Grace Hightower settled a longstanding legal dispute with their former nanny, who sued for unpaid overtime and holiday pay. Barry's original court filing in Manhattan in 2009 sought $40,000 in unpaid wages. The $30,000 settlement, agreed to by all parties, represents unpaid overtime alleged to total 750 hours and holiday pay for a 9 month period of employment from 2006 - 2007.