---
title: "Nanny Overtime: Just the Facts"
description: 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.
---

[Household Employment Blog | Nanny Tax Information](https://info.homeworksolutions.com/blog)

# [Nanny Overtime: Just the Facts](https://info.homeworksolutions.com/blog/nannies-and-overtime-just-the-facts)

 Written by [HomeWork Solutions](https://info.homeworksolutions.com/blog/author/homework-solutions) | 2/12/15 12:00 PM

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:

### **Nannies ARE**

- Considered non-exempt employees. This means they are paid HOURLY, and are never true salaried employees.
- Entitled to overtime pay (for hours worked in excess of 40 hours per week)\*
- Can be protected from wrongful discharge, breach of employment contracts ([the court ruled that a two year work agreement was enforceable](http://www.leagle.com/decision/in%20fdco%2020100106837)), and be entitled to file unpaid wage claims

A written nanny work agreement protects both the family and the nanny. HWS can help. Download our tips on [how to write the nanny work agreement](https://info.homeworksolutions.com/nanny-work-agreements-or-contracts-copy) and take a look at our[sample nanny work agreement](http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf).

Do you employ a nanny or a household worker? Allow Home Work Solutions to make nanny payroll effortless with our automated nanny payroll services. [Click here for our free Quick Start Guide to Nanny Payroll](https://info.homeworksolutions.com/nanny-payroll-quick-start-guide), or call us at 1-800-626-4829 for a free consultation.

### Update May 18, 2016: Effective December 1, 2016 ANY employee, irrespective of duties, who earns less than $913 per week must be paid overtime, and must be paid on an hourly basis. 

[View full post](https://info.homeworksolutions.com/blog/nannies-and-overtime-just-the-facts)

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