By Stephanie Breedlove
We frequently get asked how a nanny should be compensated for overnight care. The answer hinges on several factors.
First, is the overnight care part of a 24-hour shift? If so, the Fair Labor Standards Act permits a sleeping period of up to 8 hours to be excluded from hours worked. However, this exclusion only applies if 1) the employee is provided adequate sleep facilities, 2) is not required to perform any duties, and 3) agrees to it in writing. If all of these conditions are met, then the family is not required to pay for up to 8 hours of sleeping time. If all the conditions are not met, then the employee must be paid their regular rate of pay for each of the overnight hours.
If the care is not part of a 24-hour shift, then the employee providing overnight care is deemed to be “on call.” While on call, the employee must be paid for each hour worked. However, it is legally permissible for the family and nanny to agree to lower wage rate during the on call hours – as long as the rate meets the minimum wage standards.
So, for example, a nanny works with the children until 10pm. At 10pm, the kids go to sleep and the nanny is no longer required to perform her childcare duties, but she must stay on the premises and be on-call in case of emergency until the children wake up the next morning at 7am. During those 9 hours of being “on call,” the family must pay at least minimum wage for each hour. (Note: If the baby wakes up and the nanny gets called into duty during the night, she would be compensated at her regular “working” rate for that time period).
If you have any questions about overnight care,
please visit us at www.myBreedlove.com or give us a call at 888-273-3356.