Nanny Overtime: What You Need to Pay, Why, and How

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Do nannies get overtime? Yes, if nannies work over 40 hours per week, they need to be paid overtime. This means time and a half for hours 41 and up.

Why do nannies get overtime?

A nanny is a domestic employee and is covered by the Fair Labor Standards Act (FLSA). There are certain types of professions that fall under this Act, and you might be one as well (find out here).

FLSA employees must be paid at least minimum wage, and have overtime applied.

Do live-in nannies get overtime?

In most states, live-in nannies are exempt from overtime. However, some states (CA, MA, ME, MI, MD, and NY) have come up with an overtime differential you may want to explore.

How should we keep track of overtime?

The US Department of Labor offers a free app for household employees, using GPS technology to help employees document their hours worked.

If not “applicable,” keep your nanny’s hours written down each day and go over them together. There will be a particular day of the week when you both need to submit these to your payroll service.

How does overtime work if we’re part of a nanny share?

If only one of you is keeping your nanny overtime, then that family should be responsible for the time and a half pay. However, if the extra hour demands fluctuate between both families, you all will want to keep track of this in an app or Google sheet.

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