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What do you do if you are being asked to work overtime?

I have been offered multiple times positions where I am required to work over time (sometimes as much as 60 hours a week) and that's a considereable amount of hours. How should I approach asking about overtime? I have had some people tell me they don't pay overtime and I'm wondering if that is even legal? Thoughts?

Answers
Rebekah in Mesa, AZ
Feb. 8, 2019

Ok fun fact. And a fact that most nannies don't know. I certainly didn't when I was first starting out but, legally, a nanny CANNOT be paid salary... "A nanny is a non-exempt hourly employee. The Fair Labor Standards Act (FLSA) states that all nannies must be paid for every hour worked and that live-out nannies must also be paid overtime (time and a half) for anything over 40 hours in a 7 day period." Here's the source, also a great resource: https://www.nannycounsel.com/b... . As for approaching the subject, any time you take on a new position you should be doing it with a contract. If they don't ask for one, YOU should, and that's where things like this can be discussed and spelled out ahead of time. It just makes everyone clear on the boundaries and that everyone really is on the same page about what the job entails, and keeps issues from arising needlessly in the first place. And if something does go wrong, say your family suddenly tries to withhold pay because of a child's favorite toy being lost at the park, or your hours being changed and now you are working 70 hours a week instead of 35, you are protected.

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Epeti in Marina, CA
Jan. 8, 2019

Overtime is a choice. Some of us are interested in working overtime. Ask for it and state your price. It's important to be bold and open. If someone doesn't pay for overtime, my answer is simple NO.

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Donna in Cypress, TX
Feb. 8, 2019

If a family tells you they don't pay OT, then you must tell them you can't work OT without being compensated. You can not let families take advantage of you. How rude of someone to think that you are willing to work OT without being compensated. We don't work for Corporate America! We are not salaried workers. Even if you work for a salary, divide the salary by the work hours and that is your hourly rate of pay. Set the ground rules up front or you will end working for free and I for one DO NOT WORK FOR FREE. People will take advantage of others unintentionally, however you must not let them.

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Ask for advanced notice so you can plan.

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It's NOT legal. Unless your live-in and agreed to work for a specific amount per week/month, that is not acceptable. I, myself, often pick up a few hours in the evening working with another family and if I had to stay at the first person's home I wouldn't be able to get to the other job, losing money and probably a nice little extra job. Lie to them if you need to and tell them you've had to pick up some extra hours later in the day because you need more money so they either need to pay you to stay longer or be home on time because you MUST leave. If they don't show up after on time and don't contact you as to why they are late, I'd call them at work or wherever and tell them you MUST leave so they need to come ASAP or get an emergency contact to come.

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As long as it was discussed ahead of time ...then work with the family and do your job take the over time

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Kate in Weatogue, CT
April 18, 2019

I tend to say yes to make the extra hours.

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Nicole in Sanford, NC
April 17, 2019

It's absolutely illegal not to pay time and time and a half for any overtime. It's important to put your foot down when it comes to pay and hours, and it's best to find a family who is willing to pay you for your services. Try and find a family who offers garanteed hours so that you have a consistent paycheck.

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First, I would clarify whether or not overtime is required on a regular basis. Find out about the frequency of your shifts - whether or not you are able to work longer days to fulfill the overtime and have a day off. It's perfectly legal if you are a salaried employee. If you are hourly, you are entitled to OT pay.

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Gibson in San Jose, CA
April 17, 2019

See if it fits with your schedule and if it does, go ahead.

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Julia in Wallington, NJ
April 16, 2019

I don't mind, i'm a flexible person, if family will be need my help , I'll do that without any issues.

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Donna in Demotte, IN
April 16, 2019

I don't mind working over time in cases of emergencies or with a reasonable notice and i do expect to be paid.

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Whitney in Belgrade, MT
April 16, 2019

States like MT it is not illegal for domestic or in the home type of workers to not get paid overtime. Unfortunately, it is not legally required. Check the laws for your specific state and make sure you have an open conversation with your employers about it.

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User in Winthrop, MA
April 15, 2019

That's illegal for your employer to not pay overtime especially if you are on the books ( having taxes taken out )

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Lily in Biloxi, MS
April 14, 2019

take your stand in the situation. let them know if you are unable to work overtime and if you are then they need to pay you for what you deserve. if they arent willing to give you what u deserve, then you dont need to give them your services

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Hi Kali, I have 18 years of experience and excellent references. I care newborns up to 6 years, I m very tidy, punctual, honest and I dedicate 100% to the care and protection of the child. I have never had an accident in these 18 years with the children. thank you.

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Since you are technically a freelance contractor, you are able to set your own hours and pay rates. Legally speaking there is no such thing as mandatory overtime rates for freelance positions. Think carefully about how you wish to be compensated when/if you are requested to work outside of your normal hours. You should speak with your client about your rates for overtime before putting in OT hours. If you've never spoken to your client about overtime fees, there is no reason they should expect to pay you more than your agreed upon rate.

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It is not uncommon if you are in a salaried position, to work more hours to get the job done. There is a difference between an hourly rate and a weekly salary. For example, your contract needs to specifically state hours worked over and above 40 hours a week will be reimbursable at $10/15/20 etc. If this is not done up front, it can still be approached with your employer in a very positive and professional manner.

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That is not legal. In the job interview, I should ask how many hours I will work a week and how much I will be paid per hour. And I must say that overtime is also paid.

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Not legal! I worked in Germany as an au-pair, and they always tried to make me work 12+ hours in a day, without compensation. Once I brought it up, however, things started changing. Log your hours and show proof. You're not somebody's floor mat, so don't let anyone walk all over you.

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I never turn down overtime

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Be straightforward about your needs. Realistically think about the effect this will have on your work performance (i.e. burning out, reduced life quality) and evaluate if the increase in hours/wages is worth the decrease in personal time/quality of life. I do believe overtime is required by law. It's usually calculated at a rate of 1.5 times your regular rate of pay for all hours worked in excess of 40 in a workweek. I believe this is mandated by the Federal Fair Labor Standards Act, so unless you are an exempt employee from FLSA, YOU ARE LEGALLY DUE OVERTIME. Do not let anyone tell you otherwise.

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If asked to stay over? I will stay over,If the need arises.

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In some cases not paying overtime is legal. You might want to ask your employer " If your job asked you to work overtime would you expect to get paid overtime?" My guess is they will say yes then you need to be firm & explsin that you are happy to work the overtime hours but you will need to be compensated for thier time. If they disagree tell them you are not available for overtime just do the 40 hours a week or find a different employer.- Suzanne

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Brenda in Kapaa, HI
April 7, 2019

You can make it clear that anything over hours asked for, there will be a late charge. Do this before you start so they are aware of this.

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Yeah i can accept it

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Alexis in Secor, IL
April 7, 2019

Be willing to do it. Babysitting is a fun job for me, so there would be no problem with working overtime.

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I feel that if you are on salary and its a good family who treats you well and you are taking care of there children I don't see what is the problem working overtime for them. For me doing that they always seem to take care of me a little more in my pay check. I have been very fortunate with this, so for me it not a big deal. ( remember you are always in charge of what you can do and can not do) I always look at the bright side for me when this happens. I hope my answer fits the criteria . Regards , Fran

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Overtime must be paid in accordance to federal law, if there are exceptions to this I dont know of them. As for asking about overtime, just ask. Tell them that you are uncomfortable working that many hours.

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I wouldn't ask if they work overtime, just as a polite thing to do, but maybe if you ask if they need more hours of help and see what they offer from there.

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Payment?schedules should always be discussed up front: including hours/days expected to work and what is expected of you during those hours, effective punishment options (not all parents punish the same and it is best to stick with what works) and also very important is to discuss extra charges: late pick up, expected to do anything outside of the realm of your duties (errands, doctors appointments, grocery shopping, etc.) If the parents were to take their children to a daycare facility they would also need to follow these rules, there is no reason you shouldn't be afforded the same respect. I hope that helps :)

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Taite in Plympton, MA
April 5, 2019

If I am free, I will! Being paid however, is a must.

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They MUST pay you overtime if you get there. If they refuse tell them that you will not work those hours. When it becomes a matter of legality and business, being professional, but standing your ground is usually the best route.

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Joan in Ridgewood, NJ
April 4, 2019

I would inform them that overtime is an additional $5 hour every hour over 8 hours a day.

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Maria in Sarasota, FL
April 4, 2019

It is up to you if you wish to work and make more money or not. As well as on your relationship with family or specific situation. We all need help sometimes. And nobody work for free. Overtime is always paid. Asking: Would you mind me asking, does this job require overtime? and then ask details about it.

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Maria in Hoboken, NJ
April 4, 2019

working overtime is a choice if you desired to work the extra hours if you have the free time as long as you are getting pay for it. if you was hired as part time and pay by the hour then it should be pay by the hour. overtime should be time and a half if you chose to work the extra hours. just because is a nanny job is still a job.

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Hannah in Boise, ID
April 3, 2019

i would definitely do it if you have free time or no plans!

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Jackie in Colby, WI
April 3, 2019

I would work what ever they need

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Talk with your family! If they ask you to work overtime and you can, talk about extra payment for it. If they don't pay overtime, then its up to you as to whether you do it or not. Myself, personally, does not do overtime unless it's paid. I could be helping another family at that time or at home with my own.

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I have a flexible schedule and I am mature enough to understand the demands of adulthood and the issues of work, traffic, weather, etc. are just part of life. When I accept responsibilities or positions caring for children, seniors, and/or pets, issues of overtime I realize issues come up. I have the mindset that overtime is a possibility and helping out is a mature way to handle it. If it becomes highly significant, I think the best way to approach it is to communicate and re-discuss if the hours need to readjusted to continue mutual respect.

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If it doesn't effect your family, try and make it work. If you can't, just make sure you explain what's going on and why you can't work extra!

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An employer must legally pay you overtime in the United States.

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Abby in Dedham, MA
April 2, 2019

I would personally be very open and upfront with the family you are working for and with from the start. Or if things, questions come up, be open with the family and ask right away so everyone is on the same page.

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Working over 40+ hours per week without pay rate increasing to at least time and a half is highly illegal. Stipulate at the beginning of a contract whether you are available for over time, and if it is only an occasional occurrence, negotiate terms before agreeing to anything. With employers as with children, be firm but kind in your stance!

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Raise your hourly rate

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i always take an opportunity to make more money.

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Whitney in Pulaski, VA
March 30, 2019

If overtime is offered then that means more money in my pocket. I wouldn't mind the extra hours as long as it didn't become a repetitive thing and impact time with my family and personal life.

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A little bit of overtime is fine but eventually you need to put your foot down.

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Shanice in Exeter, NH
March 29, 2019

If you're underage and you're asked to work overtime it's illegal but setting that boundary before you even begin babysitting is helpful. I am usually okay with working over hours if I am told in advanced and I do not have any conflicts with my schedule than it's okay. If the family that your babysitting for is not willing to pay you overtime that I would consider maybe finding another babysitting job. If the family knows that you aren't comfortable with that then maybe it's not the best fit. Just kindly tell them that you do not believe it will work out. I think most families I've babysat for are really understanding. Other times families will try to compromise with you which is good as long as they are meeting your needs too!

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Tristan in Martinez, CA
March 29, 2019

60hrs/wk for the same family? If they are paying you through IHSS, the you do get OT pay. Otherwise, for them, it depends if they W-2 or 1099 you -- only in the W-2 are you a real employee and therefore legally able to demand overtime (in most cases). 1099 or cash = don't complain... BUT, I don't work for people who won't pay me fairly -- you are an amazing human being and deserve to work for a decent, respectful and kind family -- don't let others bully you or take advantage of you -- hope this is encouraging; good luck! :-)

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I believe you should always ask if in the case of overtime what will the hourly pay rate be. Overtime compensation coverage hinges on whether the nanny or other household worker lives in (on the premise) or lives out (come-and-go). Live Out Nanny: Required pay to a domestic employee who lives out overtime (for hours above 40 in a week **). Overtime is one and one-half times the normal hourly rate. Live In Nanny:The live in nanny must be paid for every hour she works but are not automatically entitled to the overtime differential. (There are 8 states that do not recognize the live-in exclusion, CA, HI, MA, NY, NJ, MD, MN and OR.) Hours worked include the following: All hours on duty, including meal time if the employee is required to remain at the premises during meals. Nap time Time when children are in school IF nanny is required to be "on call" for any emergencies such as early dismissal, child sick at school, etc. In general, hours worked includes all time that the employee is required to be at the employer's home and all time that the employee is required to be 'on call' in the course of his/her duties. Hope this helps.

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Marce in Humble, TX
March 28, 2019

I understand the needs of parents trying to better the future of their children, and if they trust me to spend more time with their children. I will work the overtime and work it into the schedule that was already established in my life.

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I have always just gone by the law, which is that all hours over 40 in a given work-week are to be paid at time and a half. If a family asks me to work more than 40 hours and I am able and flexible enough with my schedule that I can, I simply explain that it's no problem as long as my pay is reflected accordingly.

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User in Acton, CA
March 25, 2019

You absolutely have to be paid overtime wages according to FLSA. Overtime pay begins after 40 hours of work and it is 1.5x the normal pay your receive hourly. It is illegal to not pay you overtime and you should bring this to their attention immediately. Even simply being "on call" when a child is at school but could need to be picked up by you instead of a parent qualifies as hours put in towards overtime pay if it exceeds 40 hours.

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Susan in Henderson, NV
March 25, 2019

If you're working on the books, yes, I believe they have to pay overtime. Off the books and it's down to your negotiating. I would ask straight out at the start if you'll be REQUIRED to work overtime, and if you accept that, then you accept it. If they are the type of person with whom you have a rapport you can tell them you may or may not be able to work overtime depending on whatever criteria you set out, for example, I can work 2 hours overtime provided I have a day's notice, or whatever. Best to ask up-front and be clear from the outset. At least that way you know what to expect instead of being blindsided later. Also, I'd ask what the pay is for overtime. In other words, find out what you're dealing with at the beginning, so there are no surprises down the line.

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Mariah in Surprise, AZ
March 25, 2019

I will do it, I am always need extra money

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You should absolutely discuss overtime pay. At the end of the day this is a job and they are your employer so don't be afraid to approach them about overtime rates, and don't let them take advantage of your time. And as far as legality, i think it depends on your state laws.

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Andrea in Glen Cove, NY
March 24, 2019

They should recognize what you work for hours and overtime you right to say it.

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You're time is valuable to you and if they are asking for more of your time you should be compensated for it, especially if it is a lot of hours not just "hey I am running half hour late today can you stay?" Approach the subject with respect, but make sure they know that you're time is valuable.

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If it works with my schedule and the family is willing to compensate me then I am there for them.

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Tracey in Stow, OH
March 22, 2019

It depends on how long the overtime is and the time they gave me to answer. I will not do overtime unless asked prior

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That is fine as long as parents are doing there job to work that is fine with me and I would just have the parent pay me extra for the time im watching there child.

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Carina in Oviedo, FL
March 20, 2019

I probably will do it.

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Yes i would ask about the overtime. I think that is important because if you are working you should be getting paid.

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User in Waltham, MA
March 20, 2019

Yes, just say since the beginning about overtime.

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User in Denver, CO
March 19, 2019

During interview I would ask if there is overtime and if so is it paid.

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Jennifer in Gardena, CA
March 18, 2019

glad always use the extra income

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User in Bloomington, IL
March 16, 2019

I have been in the same boat as you are. Childcare jobs don't always work the same as a regular job. Unless you are employed through an agency it is not required by law to provide overtime. I work 73 hours a week and I get paid salary. It helps to establish these demands before employment. A lot of families will take advantage of you if you do not demand these terms in the beginning. If you are referring to a job you are already employed with then I would respectfully have a talk regarding your concerns. I have learned that it is better to bring up the terms of overtime before hire. Not a lot of families will offer it for the simple reason that it can get pricey.

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Silmery in Austin, TX
March 16, 2019

I can work overtime when I have been warned before with enough time. I also would work 45 - 50 hrs of overtime if I am being paid according with the law. Overtime would be when family has an emergency or special situation.

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Mya in Holyoke, MA
March 15, 2019

I would do it!

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Christina in Orem, UT
March 14, 2019

You can always ask to get paid a little extra. 60 hours is a lot and so you deserve a little more pay for your extra work effort.

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To me, this is not legal, UNLESS you sign a contract stating that you are going to be paid on a salary-based way (which does not pay any OT). This is something that must be brought up before you accept the job. If the family is unable to pay the OT, talk to them about giving you paid time off, or a bonus, or something more.

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Beverly in Atlanta, GA
March 14, 2019

If you are not being compensated for overtime you do not have to work overtime. Care.com has an HR department that can better explain to you your rights in this case.

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Just approach same way as if you were at a company paid hourly job. Acknowledge it up front what your pay expectations will be and it won't be "awkward" when it happens.

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Tiffany in Bush, LA
March 12, 2019

I had to ask for overtime while working with a past employer. I was honest and I gave my reasons for requesting. I feel that if you have valid reasons for requesting the extra hours, than there should not be a problem. The number one thing is to be upfront and honest.

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User in Lexington, MA
March 12, 2019

I personally welcome the opportunity to make extra money but if its a routine request, I'd appreciate as much advance notice as possible so I could take it easy the morning before or make sure I go to bed on the early side so that I have the appropriate stamina needed for the job. If I didn't want the overtime, that's different. I would just say no.

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Ainka in Shelton, CT
March 12, 2019

If I am being asked to work overtime, I will only do it if I am getting paid for it. It all depends on the situation.

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I am not sure as to the legality of it, but you can always say that you do not do overtime, or you do overtime but only at an increased rate. Both options are completely acceptable.

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If you are an independent contractor I believe you are not covered by employment laws for overtime. As an independent contractor you must negotiate your contract up front with those you work with. For example Holidays, extended hours, mileage if you are travelling a distance to take someone to an appointment that might be well over 5 miles away. Again, you are the professional who must set the agreed arrangements prior to employment. Any professional person you are working for will understand this. Hopefully this will helps.

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Vernice in Bushkill, PA
March 11, 2019

If I have no previous appointment I will work.

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Hollie in Salem, MA
March 10, 2019

no it is not legal check your state labor laws online each state has that info

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Kimberly in Minot, ND
March 9, 2019

If i was asked to work overtime past the 40 hr work pay, I myself would expect time and a half unless it was in the contract or agreement when i was hired. But above all if needed yes I would work the extra hrs if need be.

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If it is over 40 hours per week, it is illegal to refuse to pay overtime. Usually, those jobs are "salaried" and some of the parents try to use the salary as a loophole while others simply do not know better. If you're an energetic person who can reasonably sustain 60 hour weeks then I would accept the position if they are giving you reasonable compensation for overtime. I would ask about it during the interview, around when you're asking to get an idea of the weekly schedule. Best of luck!

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If you are working for a private family as opposed to a company, the rules are different.. I doubt if they are required to pay overtime. My feeling is that you should bring this subject up BEFORE you start working for them, and decide whether or not you're willing to work extra if they want to pay a flat salary per day/week/month/whatever.

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Kimberly in York, PA
March 8, 2019

If your going through care.com i'm pretty sure they have to pay for the hours you work but i realized that they don't always go through the site and pay out of pocket or in checks. you would have to do more research about care.com to determine whether it's covered by the federal Fair Labor Standards Act (FLSA), the federal wage and hour law that sets out the overtime rules. I hope this helps!

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Personally, I have no problem with working overtime. If you'e not comfortable with working overtime,let your employer know immediately. Be sure to be respectful, and considerate.

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If you are being expected to work that much overtime they need to pay for more for it. I think that it would be totally fair to ask more per hour. For example, if you're making $15 an hour, charge $18 or $20 for overtime hours! They need to know that your time is valuable!

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I would just say, "Do you pay the standard overtime?"

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Meghan in Tampa, FL
March 6, 2019

You can use a nanny contract. You can get paid time and a half if you put that in your contract. You are only scheduled to work your set hours, anything beyond that is your choice.

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I would say that you're willing to do overtime up to a certain amount of hours, but anymore have a written agreement that you'll be compensated. I know that sometimes the hours they ask are too ridiculous, and you just need to make sure you're clear on where you stand.

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You value your time and just say what you charge, and stick to it

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I don't mind at all as long as the kids and I are having fun I'm fine!

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I believe that communication is "the key" for any issue. The best option is to communicate with your employer about the hours and try to get a solution together.

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Nichole in Reno, NV
March 5, 2019

You are an independent contractor. You set your hours. If you want additional money for overtime hours then ask for it. Your parent will either agree or disagree. Child care is your business, you set the rates and decide what you will agree on.

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User in Timnath, CO
March 4, 2019

It os not legal. Contact your State's labor board immediately.

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Penny in Portland, OR
March 3, 2019

I would address the topic in the interview and explain any hours over 40 will be chared for time ana half.

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Maria in Addison, IL
March 3, 2019

I have no problem to work overtime

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Sol in Chicago, IL
March 2, 2019

If you ask me beforehand I can access and be flexible with the schedule that I am driving and in turn accommodate the needs of the person who has hired me

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Aquila in Garner, NC
March 2, 2019

It's not legal, you have to be paid for overtime, as for how you approach it..if they don't wanna pay you shouldn't do it. if they are asking make sure you're getting paid for it.

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Rachel in Pooler, GA
March 1, 2019

Let me make sire my ids are ok. If they are ok. If not, call my mom.

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Anytime over 40 per week I charge double time & triple time for Sundays BT

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Anilou in Warren, MI
Feb. 28, 2019

I personally welcome overtime opportunities, but hopefully your employer will understand if you need to limit that as you want to work but you also want a good balance between work and other things. In the past, I have agreed to work overtime at my regular rate, but 1.5 is normal for all hours over 40 in one week.

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Maddy in Mound, MN
Feb. 27, 2019

Usuaslly you discuss that in the beginning when you get hired, because I believe all childcare comes with overtime. If it were me and I was asked to help out my nanny family, I would clear my schedule and definitely work overtime (I've always had paid overtime, even in a salary position).

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Working overtime and not getting paid for that work is not legal.

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Let them know you rate upfront and also include overtime/ late fees. Your time matters and you should tell them you don't del appreciated when this happens.

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I discuss overtime pay in the interview process so we are clear from the start about expectations. It is not legal to not pay you overtime. If they refuse to pay overtime, I would advise them to please find a back up babysitter to cover the extra hours. Once working, if I failed to broach the topic in the interview, I would address the issue the moment they ask for the extra hours. Explain that 40+ hours a week is taxing and that you expect to be compensated in accordance with the laws surrounding working more than full-time hours. Alternatively, they can seek out a second childcare provider to cover those hours.

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Aimee in Sandy, OR
Feb. 25, 2019

Overtime is legal, as long as you have more breaks. Although babysitting is a hard way of "getting breaks" maybe you could negotiate another way of getting overtime. I would ask for overtime, but maybe ask for less an hour than you usually have. For example, if you usually get paid $15 an hour and you work 8 hours but you want to work 12 hours one night, maybe ask if those additional 4 hours could possibly be reduced to like $11-12 an hour.

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Give me a call about child care and Ill be glad to talk with you. Thanks June Ann Strickland

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we can talk about it. My boss will see my work and considere my overtime.

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If I don't have any deficut or inconvenient, I'll help.

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I honestly don't mind working overtime.

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is acoding to the person the what to work

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John in Rockville, MD
Feb. 25, 2019

I would accept the fact that some people do need extra help, but just as I am helping them I hope they would look out after me for doing things that are asked as a resort of staying later.

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