Understanding ROTA Nannies: A Guide to Scheduling, Pay, and Labor Compliance

Hiring a ROTA nanny — short for “rotational nanny” — can be an excellent solution for families needing consistent, around-the-clock childcare. These experienced professionals typically work extended shifts, such as 7 days on followed by 7 days off, providing continuity for children and structure for parents.

While the schedule may appear straightforward, there are important legal and payroll considerations to understand. These include how the Fair Labor Standards Act (FLSA) classifies live-in employees, how overtime should be calculated, and whether sleep time can be unpaid. State laws can also play a part in the answers.

Here’s what families need to know before employing a ROTA nanny.

What Is a ROTA Nanny?

A ROTA (rotational) nanny arrangement involves two nannies, or sometimes a team of nannies, alternating extended shifts. The most common schedule is:

• One nanny works 7 consecutive days (on call 24 hours per day), then
• The other nanny rotates in for the next 7 days

This ensures 24/7 coverage without burning out a single caregiver. It also provides your children with a familiar face each week and gives each nanny adequate time off to rest and recharge.

FLSA: What It Means to Be a Live-In Employee

Under the FLSA, any household employee who resides in the employer’s home is classified as a live-in domestic worker as long as they live-in 5 consecutive days or 120 hours per week. This includes ROTA nannies who stay on the premises during their scheduled shifts, even if they maintain a separate residence during their off weeks.

This classification carries specific legal and payroll responsibilities:

• Under this Federal law, Live-in workers are not entitled to overtime pay for hours worked beyond 40 in a workweek. Keep in mind that some state laws do require overtime.
• These employees are still considered hourly employees, and time tracking is still generally required, although there are some exceptions.

The most commonly misunderstood aspect of live-in employment is sleep time — when it can be unpaid, and when it must be compensated.

Sleep Time Exemptions Under FLSA

Federal law allows employers to exclude up to 8 hours of sleep per 24-hour period only if all of the following conditions are met:

1. The employee is working a 24-hour shift
2. Adequate sleeping facilities are provided
3. The employee gets at least 5 uninterrupted hours of sleep per night

If the nanny is frequently woken up during the night and gets less than 5 consecutive hours of uninterrupted sleep— for example, to tend to a child — then all of that sleep time must be counted as hours worked and paid accordingly. The family also cannot exclude more hours than the nanny was actually allowed to rest uninterrupted. If they were allowed to sleep for 7 hours, only 7 hours may be excluded.

Sleep time should be agreed upon in advance, preferably in writing, and the family must maintain accurate records.

Important Note: No Sleep Time Exemption in California

If your household is located in California, sleep time cannot be excluded from paid hours — even if the nanny is provided their own room and sleeps through the night.

In California:

• All hours during a 24-hour shift must be paid
• Overtime must be paid for all hours over 9 in a day or 45 in a week as a live-in personal attendant under the law
• This means a 7-day ROTA shift could include as many as 168 paid hours, with 123 of those qualifying as overtime

This has major implications for payroll costs and compliance, so California families should consult with a household payroll expert before finalizing a ROTA schedule.

A Closer Look at a 7-On / 7-Off ROTA Schedule

Here’s how a typical ROTA arrangement works with two nannies:

• Nanny A works 7 consecutive days, lives on-site, and is on call 24 hours each day
• Nanny B rotates in for the next 7 days with the same structure

During their working week, the nanny is often expected to be on-call around the clock, which raises questions about how to properly calculate hours worked and overtime.

Even if sleep time is excluded under federal rules, the remaining paid hours each week will likely exceed 40 — possibly triggering state live-in overtime requirements (HI, MD, MA, MN, NV, NJ, NY, and OR) .

In states like California, where sleep time cannot be excluded, every hour on-site is compensable, resulting in much higher wage obligations.

Planning Ahead: Payroll and Legal Compliance

A ROTA nanny schedule can work beautifully when it’s well-managed, but the legal and financial considerations should not be overlooked.

Here are the key takeaways:

• If your nanny lives on the premises during their scheduled shift for at least 5 consecutive days or 120 hrs., they are considered a live-in employee under federal law
• Sleep time may be unpaid under federal law, but only with proper agreements and uninterrupted rest
• California law does not allow sleep time exemptions — all 24 hours are paid
• Accurate time tracking and proper overtime pay are essential to remain compliant

Written agreements, detailed logs of hours worked, and regular communication between the family and nanny are critical for a successful ROTA arrangement.

We’re Here to Help

If your employer obligations for a ROTA nanny still feel confusing, book a complimentary consultation with one of our household employment consultants. We’d be happy to walk through your specific situation with you.

At HomeWork Solutions, we’ve helped thousands of families stay compliant with household employment laws since 1993. Whether you’re considering a ROTA nanny or need help tracking hours and managing payroll, our experts are ready to guide you through every step.