Nanny: vaca pay -- hourly v salary -- Nannies Forum

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Subject: Nanny: vaca pay -- hourly v salary

Author:
Susan Anderson

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Date Posted: 10:13:20 07/27/04 Tue

Our nanny began working for us in mid-March when our twins were 2 1/2 months old. We paid her for the first two weeks of the month, even though she began on the 15th, in order to secure her employ as well as help her over the two-week period when she did not have a job (her previous post ended at the end of February when the child entered pre-school). We believed our understanding was that she would bank those hours of pay w/o work -- as well as any hours for which we paid her when she didn't work (e.g., we are taking five weeks of vacation this year, though we provide her with two weeks' vacation pay at the time of her choice) -- and that we would draw upon them as needed. We suggested a straight salary arrangement, rather than hourly, in order that she would always be ensured of a paycheck in case we took more than a customary two-week vacation during the year.

She now believes that the agreement is that she receives over-time pay -- over and above her weekly pay -- and also believes that she should receive pay for when we are on vacation over and above the two weeks, regardless that we are out of town and she is not working. My husband and I understood that she would have a bank of hours (e.g., being paid when we are on vacation): if at the end of the year, she worked more than the hours in the bank, she would receive overtime. If she worked less, then we would keep the hours in the bank for future use. She does, on occasion, work more than 45 hours/week (a schedule suggested by her), but never more than 3-5 hours/week.

Are we being fair in saying that we cannot pay her overtime as well as paying her when we are out of town for more than two weeks? As per our calculation to date, we have paid her for approximately 1200 hours and she has worked 805 hours. She now wants overtime pay as well as pay for when we are vacation over and above two weeks. I think we are being fair in saying no, but want to hear others' opinions on it.

Thanks!

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