May 17, 2012
Read a good article today by Park Slope Patch writer Will Yakowicz. A recent survey conducted by the Park Slope Parents organization indicates that 44% of the nannies who deserve overtime are not being paid at the legal time-and-a-half rate. It's a good reminder to all nanny employers that overtime is required for all "non-exempt" workers -- even if you pay them on a salaried basis ("non-exempt" workers are a special protected class of worker under the Fair Labor Standards Act).
There are exceptions or special provisions in some states for live-in employees, but generally overtime must be paid for all hours over 40 in a 7-day work week and the overtime rate of pay must be at least 1.5 times the regular rate of pay.
Overtime violations can be extremely expensive because offenders are hit with back wages, back taxes, penalties, interest and attorney fees. The good news is it's a preventable problem. Give us a quick call and one of our New Employer Orientation specialists will be happy to assess your situation and guide you safely past this and any other potential landmines.