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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.

Your Next Steps:

Comments
User in Martinez, CA
July 9, 2017

Carol .

Well put together!! I feel the same way than you !! Every single state should have a nanny union. Some parents out there don't value what we do. 

User in Hicksville, NY
Sept. 17, 2016

I am caring for two kids ages 2 and 3. I worked 52.50 hrs week at $600 weekly rate. And I have to use my own car to drive them to school back and forth 6 times( that mean each child have different pick up time)a day everyday and I asked for gas money $30 dollar she is refusing to pay that every week. And not paying over time pay. What should I do? 

User
July 8, 2016

You fail to mention that in I think 4 states, there is a daily OT law. California is one of them. Over 8 hours a day requires OT pay. Correct me if I'm wrong. If I'm correct, please update your article. Thanks!

User
Oct. 12, 2015

Our job as caregivers should be one of the highest paying jobs. We not only work hard but we are caring for someone most treasured possessions . So it is beyond me why we have to fight for what should automatically be given. Their are wonderful parents out there who do value what we are doing for them. I am only speaking of the parents like Theresa is working for. I'm sure they are good people but unfortunately the most educated parents don't get it. Just like them we work hard for a living most people don't offer paid vacation, overtime health benefits etc... So for those of you who do pay and give benefits thank for doing the right thing. The good nannies like myself who truly love what they do often get the short end of the stick. Sometimes being offered more later and later never comes but you have grown attached and can't leave.Doctors get compensated very well for what they do financially and we put them on a pedestal and they deserve the recognition. We are in the most important stage of babies, toddlers and young children. lives We with the family help to form a confident, compassionate, respectful,honest, person. We help them feel safe so they can go out and enjoy the wold with confidence. We read to them expose them to nature and help prepare them for whatever comes next whether it's daycare with more kids, preschool, Kindergarten the list goes on so when questions like this come up I get very passionate on the subject So,Theresa you remind your family of how important you are Shame on them and most of the parents. You, me and all the great caregivers in the world deserve to be able to live comfortable not rich just not struggling to get affordable healthcare and worry about or future not being able to save for retirement. Theresa let me know how it went. .

User in Wheeling, IL
July 10, 2015

I'm working 50 hours a week at a regulate hourly rate why isn't my employer paying me time and a half for those 10 extra hours. This has been for a full year

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