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Should Nannies Get Paid Overtime?

According to a survey conducted by Park Slope Parents, 44 percent of participants said that they pay their nanny the same rate for hours worked above 40 hours a week. It also revealed that only 15 percent of nannies who work over 40 hours receive overtime

Nannies have an important job: To take care of a child or children when their parent or parents are either at work, running errands or otherwise cannot be with them.

Many nannies are considered to be a second mother for they spend a great amount of time rearing the child and are responsible for their wellbeing.

So, making sure you take care of your nanny financially is an important aspect of being an employer, not only to ensure your child is in good hands, but also because it is the law.

The Domestic Workers’ Bill of Rights clearly states that if a caretaker works more than 40 hours in a week (44 hours if they are a live-in nanny) that the employer must pay time-and-a-half for each hour after.

The 2011 survey conducted by Park Slope Parents found that 44 percent of people surveyed said they pay their nanny overtime. The survey also revealed that only 15 percent of nannies who work more than 40 hours a week receive overtime pay at time-and-a-half or more.

Priscilla Gonzalez, the executive director of Domestic Workers United, a group that supports all domestic employees, said that percentage is alarming.

“It’s an overwhelming number that are not paying their nannies overtime and it is significant because nannies by and large work more than 50 hours a week,” Gonzalez said. “That is upwards of 10 to 20 hours that nannies are not being compensated correctly.”

On average, the PSP survey found that caretakers who watch one child get paid $14.22 per hour. A sitter that watches two children makes $15.96 per hour on average, while a nanny that is in charge of three children receive $16.32 per hour.

Of the people surveyed, only 16 percent said that they pay a different rate for hours worked above 40 hours per week.

Susan Fox, the founder of PSP, said that most nannies get paid a set weekly salary instead of an hourly rate. 

“That weekly rate doesn’t factor in overtime per se but instead is thought to be a ‘salary.’ So while our survey shows that the average hourly rate is $15 what it may really mean is that for someone working a 50-hour week (or $750) is really making roughly $13.50 base and $20.50 overtime,” Fox explained. “If we take $15/hour as base rate (rather than an adjusted rate), paying overtime means that a family has to come up with an extra $3,900 (after taxes) to pay the Nanny. What may happen is that base pay rates will adjust to fit the laws rather than domestic workers being paid more money.”

Do you think this is fair for nannies? Make sure to vote in the poll below and tell us what you think in the comments section. 

Jenny May 18, 2012 at 12:40 am
clearly they should. most get no other benefits. i understand they also don 't pay taxes either in most cases, but this is a question about overtime.
Victoria Hart Glavin June 25, 2012 at 11:28 am
For many years I worked in the employment law field. Nannies fall into the non-exempt category under the Fair Labor Standards Act which protects both documented and non-documented workers. The federal courts are full of overtime cases against employers. Plaintiffs typically win these cases because the law is very clear and the burden of proof is on the employer.
nc March 3, 2013 at 10:15 pm
hi I worked as a live in nanny in nyc on the weekend from Friday 5pm to Sunday 8pm I never got over time never got lunch break I was paid 365 a week n on the books
BRADY March 4, 2013 at 02:34 pm
Don't pay taxes ,but have the gall to complain about overtime!?
Victoria Hart Glavin March 4, 2013 at 11:59 pm
How many hours per week were you working? I understand that you were working on the weekends, but how many hours total were you working?
Shonna March 25, 2013 at 08:40 pm
Hello Victoria. I have a family with four kids two toddlers and a set of newborn twins. They are looking for a live in nanny and the mother is a stay at home mom. She is wanting me to work 50 hours a week for $15 an hour and $15 anything over 50 hours. She is withholding taxes. They are not offering benefits. What do you think is fair?
Thanks in advance:) Shonna
BRADY March 25, 2013 at 09:08 pm
Why ask someone else whats fair? Get a job that you are qualified for ,and pay your taxes

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lilkunta June 12, 2013 at 02:04 pm
I dont see a new bathroom. I see an ancient 1950s era bathroom right down to the black and whiteRead More tile and teh slideing gas cabinet! and you want 1.2million?
MFEnrique June 10, 2013 at 10:33 am
Being that it is an election year, if you and other registered voters scream loudly enough, someoneRead More will hear you. This sounds like a job for the 7 On Your Side, or NY1 who may be able to reach NYCDOT and Higher Ranking officials at the 78th PCT to respond to your complaint and do something.