Should Nannies Get Paid 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.