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Do Nannies Get Overtime?

Lauren Wolfson
June 18, 2018

Learn why a nanny should be paid overtime and how to calculate the rate.

A common question when families hire a nanny is: should she get paid overtime?

The quick answer: yes.

But according to the 2017 INA Salary and Benefits Survey, 32 percent 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 -- especially for nannies with families of their own. Whether you're hiring a nanny or you are a nanny, here's what you need to know about overtime pay:

Why Do Nannies Have to Be Paid Overtime?
Domestic employees (like nannies and babysitters) are covered by the Fair Labor Standards Act (FLSA) and are subject to minimum wage rules. 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, she's required to receive 1.5 times her normal hourly rate for each overtime hour she works.

What About a Live-in Nanny?
If you hired a live-in nanny (or are a live-in), 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 Does a Live-In Nanny Cost?

Should You Keep Track of Overtime?
If a nanny regularly works more than 40 hours a week, set up a system to keep track of her hours -- so both the family and child care provider know how much she should be paid. For example, you can set up a spreadsheet using Google Drive to keep your 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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