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Paying the Nanny for "after hours" Texts and Phone Calls?

Posted by HomeWork Solutions on Aug 1, 2017 4:31:00 PM

A HWS referral partner who operates a nanny referral agency recently contacted our office with the following question:

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Topics: nanny hourly wage, nanny payroll, nanny overtime

Overtime v. Comp Time: Why Banking Hours is Wrong for your Household Employee

Posted by HomeWork Solutions on May 2, 2017 4:41:00 PM

When you’ve found a household employee that you and your family loves and trusts, it’s a wonderful feeling. Soon, you can start relying on this person to take care of things in your absence. But, if this means that you start asking for them to work more hours during the week or on the weekends, you should know the facts about overtime versus banking hours.

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Topics: overtime rules, nanny overtime

Prepare for New Household Employee Overtime Rules

Posted by HomeWork Solutions on May 18, 2016 8:46:51 AM

Household employee overtime rules are commonly misunderstood, and often just plain ignored. The vast majority of household employees - nannies, senior caregivers, housekeepers, etc. - are classified as non-exempt (NOT exempt from overtime rules) employees. These household employees must be paid overtime. At the Federal level the rate of overtime pay is determined by whether the household employee lives with the employer or maintains their own separate residence. Live-in domestics are paid for their overtime hours at their regular hourly rate; live-out domestics are paid at 1.5 times their hourly rate for hours over 40 in the 7 day work week. Note MANY states extend the overtime differential of 1.5 times the hourly rate to live in domestics, and some states mandate daily, not weekly, overtime.

However some more skilled household employees - estate managers, head housekeeper or house managers for example - may be considered exempt or hourly employees. This classification is largely depended on the actual work performed and not on the employee's title. This is where the change is coming!

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Topics: overtime rules, nanny overtime

The Facts About Nanny Overtime

Posted by HomeWork Solutions on Oct 22, 2015 2:49:00 PM

When you have found a nanny that you trust and that your kids love being around, it’s a great feeling. Finding the right fit for your family can be tough at first, but once you’re over that hurdle, you can begin to rely on your nanny taking good care of your family while you’re away. If this means that you ask her to occasionally work more hours during the week or on the weekends, you should know the facts about paying your nanny overtime. Here are some basic 'must-know' facts about nanny overtime.

Special Update May 18, 2016: Effective December 1, 2016, ANY employee in the US, exclusive of live-in domestics,  who earns less than $913 for a 40 hour week ($22.83/hour) MUST be paid hourly and MUST be paid overtime at the rate of 1.5 times the regular hourly wage for hours over 40 in a 7 day work week.

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Topics: nanny overtime

Nanny Overtime: Just the Facts

Posted by HomeWork Solutions on Feb 12, 2015 7:00:00 AM

There’s all kinds of advice floating around out there about how to handle a nanny’s wages. Here, we’ve included only the facts on nannies and overtime:

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Topics: nanny hourly wage, nanny non-exempt employee, nanny overtime, nanny work agreement, nanny contract

What does the FLSA have to do with a Household Employer?

Posted by Vanessa Vidal, FPC on Nov 27, 2013 5:21:00 PM

Did you know that when you employ a nanny, housekeeper or other household employee who does not reside in your household, you must comply with FLSA overtime regulations?

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Topics: domestic employer legal responsibilities, nanny overtime, nanny hourly wage, FLSA, overtime rules

Court Affirms Undocumented Workers Are Entitled to Recover Unpaid Overtime Under the FLSA

Posted by Kathy Webb on Apr 3, 2013 1:56:00 PM

The Lamonica v. Safe Hurricane Shutters Inc. (11th Cir., 11-15743, 3/6/2013) ruling by the Eleventh Circuit Court confirmed that a worker's immigration status has no bearing on the worker's right to sue to recover unpaid overtime pay. The decision affirmed a lower court ruling in favor of the undocumented workers that awarded unpaid overtime and damages.

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Topics: domestic employer legal responsibilities, nanny overtime

NYTimes Article Confuses Household Workers' Rights

Posted by Kathy Webb on Nov 27, 2012 5:25:00 PM

Household employees - nannies, maids and housekeepers - and the families that employ them often don't understand how payroll tax, labor law, and the unemployment insurance system apply to this particular employment situation.

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Topics: domestic employer legal responsibilities, nanny non-exempt employee, nanny overtime

Don't Forget the Nanny Overtime

Posted by Kathy Webb on May 17, 2012 7:34:00 AM

Most nannies and their employers work and are paid on a set weekly schedule; however, from time to time the family will require additional hours from their nanny. Legally, nannies are entitled to additional compensation for additional hours worked, and live out nannies, at a minimum, are entitled to the overtime differential (1.5 times the hourly rate) for hours worked over 40 in a work week. *

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Topics: nanny employment practices, domestic employer legal responsibilities, nanny overtime

Calculating Nanny Overtime

Posted by HomeWork Solutions on Aug 25, 2011 9:12:00 AM

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:

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Topics: nanny payroll, nanny hourly wage, nanny overtime

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