Overtime compensation can be a touchy subject, and one that both employers and employees can be loath to bring up—especially when that employee is practically a member of your family. But the fact is, nannies are domestic workers, and their overtime wages are mandated by the state of California and the Department of Labor.
You may be aware that as of January 1, 2014 the California Domestic Worker Bill of Rights was signed into effect followed by the U.S. Gov’t Fair Labor Standards Act (FLSA) in January 2015, which means your nanny is entitled to overtime pay. If this is the first you’ve heard of these laws, here’s how it works: Overtime pay is required if your nanny works more than 9 hours in one day or 45 hours in a seven day work week. Should this occur, she should be compensated for those hours at the applicable overtime and double time rate.
There are additional rules and requirements for special cases such as if your nanny is a live-in employee, if your nanny works over 12 hours in one day, nannies providing overnight care, or if she works six or seven consecutive days in a row, and these cases should be discussed with a tax or payroll professional such as Breedlove and Associates.
It is advisable that nannies keep a daily log of hours worked and submit this to the parents at the end of each pay period. This way, there will be no confusion, and both parents and nannies have a record of hours worked and paid.
As with your child’s behavior and schedule, overtime pay and compensation should be something you regularly discuss with your nanny to ensure that you are both remain satisfied with the employment arrangement. After all, if you care for your nanny, she’ll be better able to focus her attention on what matters most to you—your children.
For more information about nanny overtime compensation, contact Breedlove and Associates or Alyce Desrosiers at Chirp Connecting Families and Nannies LLC.
Photo credit: Travis Swan