Many families only use nannies for daytime childcare, but there may an occasion when a live-out nanny is asked to stay over for a night or two. Employees should be paid for every hour they are on the job, even when the children are sleeping – as long as a nanny is required to be in the home, they must be compensated.
In California, overtime must be paid to household employees based on how many hours they work per day, per week, and if they are a live-in employee. Live-out nannies receive overtime if they work more than 9 hours in a day and/or 40 hours in a 7-day week, while live-in nannies receive overtime if they work more than 9 hours in a day and/or 45 hours in a 7-day week. Based on this, it’s highly likely that a nanny working an overnight shift will need to be paid overtime.
Families should discuss the payment requirements with their nanny and make sure both parties understand the expected compensation before the overnight stay begins.
For more information, contact GTM Payroll Services at (800) 929-9213 or fill out the following contact form and they'll be in touch with you.