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Nanny Overtime Lawsuits: Wage & Hour Laws

Nanny Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about nannies:

What Is a Nanny?

Nannies, or childcare workers, attend to children by dressing, feeding, and bathing them, as well as overseeing them while they play. Nannies can work at schools, businesses, childcare institutions, or in private homes.

What is the Salary Range for a Nanny?

Depending on the work setting and state where nannies are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, nannies made between $17,190 and $31,710, with the average annual salary being approximately $23,000.

How Many Nannies Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
569,370 1.0% $11.02 $22,930 0.6%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a nanny is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $8.26 $8.98 $10.18 $12.25 $15.25

Where Are Most Nannies Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 58,510 3.66 0.90 $13.06 $27,170
Texas 56,660 4.82 1.19 $9.95 $20,700
New York 36,510 4.01 0.99 $13.26 $27,580
Florida 35,760 4.35 1.07 $10.39 $21,610
Pennsylvania 22,040 3.83 0.95 $10.25 $21,320

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What are the Laws for Nanny Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), nannies, or childcare workers, are generally entitled to the minimum wage law but not its overtime law requirements.

However, there can be a difference in the FLSA coverage depending on if the nanny is provided by a service or works directly for a homeowner. Also, some states may have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for nannies.

See http://www.dol.gov/whd/regs/compliance/whdfs79.htm for more information.

An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Is a Nanny Entitled to Overtime Pay?

In many cases, a childcare worker is not entitled to overtime pay under the FLSA. The FLSA generally requires nannies to be paid at least minimum wage, but there is no law set for overtime pay requirements.

However, nannies must be paid for all hours worked, which includes the time spent on duty, but does not include meal time and other of duty time.

The laws can differ if the nanny is provided by a service or works directly for a homeowner, and they can also differ from state to state.

To determine if you are entitled to overtime pay, it is best to consult an experienced overtime pay attorney, who will be able to interpret the FLSA and state laws as they pertain to your case.

Does a Company Have to Pay Overtime Wages to a Nanny?

A childcare worker can work at a school, a business, a childcare institution, or in a private home. The laws concerning overtime pay for nannies can differ depending on the location of employment.

An overtime pay attorney can determine whether you are entitled to overtime wages based upon your  place of work, as well as job description, job duties, rate of pay, and number of hours worked.

To determine whether you are eligible for filing a wage claim, contact our experienced Nanny Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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