Lady Gaga and my overtime

[thefool]

I work full time for a family as a nanny. At first it was a good job. The family was so friendly and i love the children. After a couple of months the family starts to take advantage of me. They ask to stay later and do them a favor and then it seems like they expect it to be part of the job. It isn't so easy these days and I think the family is now hoping they can stiff me for a few dollars that they can afford easily. I am thinking of leaving. I keep reading about people like Lady Gaga's assistant and other employees who are in the same position and can get unpaid overtime. The difference is that working for this family is work and doesn't build my reputation like Lady Gaga and know you would have to put up with all her famous people stuff. can i get back overtime if i leave?

 

[DAWW]

If we are talking about federal law (FLSA) only, then under the current rules ( 29 CFR 552.109(c)) you are Exempt from overtime. Example Bob does what you do and works 60 hours this workweek. Under FLSA, Bob is entitled to 60 hours @ $7.25/hr) but no overtime premium.
http://www.ecfr.gov/cgi-bin/text-id...=29:3.1.1.1.29&idno=29#29:3.1.1.1.29.2.105.11

Federal DOL is currently considering revising this rule and if the proposed revisions take place (not certain), then from that point on the overtime premium wuld apply. But even if this occures (not certain), it does not affect time worked prior to change formally being implemented.
http://www.dol.gov/whd/flsa/companionNPRM-SidebySide.htm

I do not know your state. There is a chance that your state has rules on this more favorable to you. States cannot make federal rules go away but they can have rules of their own, in addition to the federal ruels.

 

[Betty3]

New York - Employees who work in excess of 40 hours in a work week must be compensated at an overtime rate unless they are engaged in farm or domestic service (or covered by other specific provisions of N.Y. law) or are exempt from overtime under the federal Fair Labor Standards Act. State regulations require employers to pay overtime at a rate of 1 1/2 times the employee's regular rate.

 

[DAWW]

This might fall under NY's domestic service exception just mentioned. Domestic service has unfortunately been one of the traditional overtime exceptions going back pretty much forever. If federal DOL actually makes the change it will be huge. For whatever it is worth, federal DOL used to have a factsheet on this subject and has removed it. That generally implies it is being revised. Of course, nothing is official until/unless it becomes official. Which this is not.

The other key thing is even under the current rules, if the nanny works 60 hours, they must be paid (at least) 60 hours at MW. They just do not have to be paid the overtime premium. And since this is a federal rule, this is worst case in all 50 states.

 

[Betty3]

Agree -currently must be paid for all hours worked in the work week at least min. wage but no OT rate after 40 hours required.