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We have all heard of Moms (and Dads – to stay fair) working overtime.  But what about Nannies?  A recent lawsuit filed against Alanis Morisette, the oft criticized user of the word ironic/y, brings up an interesting topic, should Nannies get overtime?  Asking the Nanny to stay so you and the Hubby can head out for a much needed and long overdue Happy Hour or Date Night, could that really open you up to a lawsuit?  Interestingly enough, this falls on the heels of a legislative bill in California recently signed by the Governor requiring Nannies working more than 9 hours  a day or 45 hours a week to be paid overtime.  The California bill does exclude babysitters.  It will be interesting to see if much like the definition of “part-time” employment and its effect on individuals in the wake of the Affordable Healthcare Act will change who is a babysitter and who is a Nanny.

So, what is your practice?  Do you pay by the hour?  Do you have a formal contract with a Nanny?  Do you record your nanny expense on your taxes?  Is she (hey, I don’t discriminate, the L.A. times article did) recording this income?  How will this lawsuit and the new California Law affect you?

Well, the short of it is, the California bill does not affect us here in Florida.  But, that does not mean that something like this will not be coming down the pipeline for us.  Someday the same type of legislation could make its way here.  Who knows with all of the bills that come through, maybe it is already there.  All I hear about now is the Compassionate Care Marijuana initiative.  Its never wrong to keep up on the topics, stay apprised, and protect yourself if something comes your way.

I am betting if overtime becomes the Nanny premium, Holiday gifts for the Nannies will subside, but Nanny cam sales will take off.  No one will want to be spending that premium for sub-par childcare!  Hold on to your favorites and think really hard about that Holiday Bonus for the Nanny.

Best wishes for a quick and painless week!

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