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Do nannies get overtime?

A common question when families hire a caregiver is: do nannies get paid overtime? The quick answer: yes. But according to the most recent INA Salary and Benefits Survey, 32% of nannies say they don’t receive overtime pay. That leaves a lot of nannies short-changed or paid off-the-books for their overtime work.

Working overtime is a difficult task for anyone but especially for nannies with families of their own. Whether you’re hiring a nanny or you are a professional nanny, here’s what you need to know about overtime pay:

Why do nannies have to be paid overtime?

The Fair Labor Standards Act (FLSA) classifies all employees as either exempt or non-exempt workers when it comes to overtime. In the case of domestic employees like nannies and babysitters, the type of work they do makes them a non-exempt worker, meaning families cannot refuse to pay them overtime. And that holds true whether a nanny or sitter is full time or part time.

How much overtime should nannies be paid?

If a nanny works more than 40 hours over the course of seven days, they are required to receive 1.5 times their normal hourly rate for each overtime hour they work.

What about a live-in nanny?

For live-in nannies, most states don’t require overtime pay — though a few states (California, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York and Oregon) have more specific laws.

Learn more about what a live-in nanny costs.

How should you keep track of overtime?

For any nanny who regularly works more than 40 hours a week, set up a system to keep track of hours — so both the employer and child care provider know how much the nanny should be paid. You can use a time-tracking app or set up a shared spreadsheet using Google Drive to keep the nanny’s time on the clock organized. Then, come pay day, add up the extra hours and the time-and-a-half rate.

Need help figuring out the right overtime rate or keeping track of what you should pay your nanny? Care.com HomePay can walk you through the process and help you create a payroll account.

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