Do I need to pay my housekeeper or nanny overtime? What about nanny minimum wage?

The simple answer is yes. Domestic employees, including nannies, housekeepers and senior caregivers, have been covered by the Fair Labor Standards Act (FLSA) since 1974. The FLSA establishes:

• The rules for workers who may be salaried (exempt) and who must be paid overtime (non-exempt).
• The rules for workers who must be paid no less than minimum wage.

Please note that Florida has stricter laws and standards than the FLSA, and is the applicable law which requires a minimum wage of $8.25 per hour.

Nannies and senior caregivers are non-exempt hourly workers under law and your employment agreement must specify the pay rate on a per hour basis. Total hours worked are calculated on a weekly basis.

Nanny Overtime

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:

You are required to pay 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.

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.

Nanny Minimum Wage Rules

A nanny or other household worker must be paid at least the minimum wage for every hour that they work. The FLSA stipulates that domestics (household workers) must be paid at least the Federal minimum wage.

FLORIDA imposes a minimum wage of $8.25/per hour, which is higher than the Federal minimum, and is the minimum hourly rate to be paid to employees.

Nanny Salary?

Minimum wage and nanny overtime laws are not determined by whether YOU agree to pay the nanny hourly or salary; they are determined by the type of work. The Fair Labor Standards Act (FLSA) specifically states that nannies and other household employees are covered by minimum wage and overtime laws. If it is more convenient for you, a family can certainly agree to a weekly ‘salary.’

Nanny Independent Contractor?

It is important to note that the FLSA specifically identifies domestic employment (housekeepers, maids, nannies, etc.) in the statue as non-exempt employees, covered by the rules and protections of the FLSA. They are not independent contractors. This is not a grey area, subject to individual interpretation.