Wednesday

MLK Pay?

Received Wednesday, January 14, 2009
Perspective & Opinion I am in a situation I have never had to deal with before and would like your opinions on that one.

I have been with my family for over 3 years. I really like working for them and am getting paid well. Here is my "problem": I am getting federal holidays off and paid every year. The father has to go out of town this weekend and won't be back until Monday night (Marthin Luther King Holiday). I would be off this Monday, but was asked by the mother if I could come and watch the children as she would like to catch up on some work. I told her I would come, as I did not have any plans for that day yet.

My question is: Do I charge her overtime for that day or do I just take my normal salary. I am getting paid $14 an hour, so working "extra" on that day would come to about $140, because I work a 10 hour day.Please let me know what you would do. We have never discussed this, as it has never happened before. I do not want to be unreasonable, but this would be my paid day off ! Any thought would be greatly appreciated!

40 comments:

nurse rachet said...

If they do not pay you overtime, you are technically losing a days pay, because you would be working for free!
You MUST diplomatically bring this up with your Employers.

Nanny in Cali said...

I agree w/Nurse Rachet. Martin Luther King Day is a legitimate holiday and you should be paid overtime for that day.

not a park slope nanny said...

You don't mention whether or not they offered to pay you extra, which makes me think they are trying to pull one over on you.

You know them best, but I would definitely bring this up. You are being short-changed, and that's not cool at all!

I don't know if they would agree to the $140 (which you deserve) however, maybe they can offer another paid day off in exchange? (And no, I don't think this would be a fair exchange, but you don't want to be duped either)

mom said...

Ask them nicely whether they intended to pay you for that day, or whether they wanted to exchange it for another paid day off, maybe within the next month at the most.

This is your job and if you worked at a department store, for example, you would certainly be paid for working an extra day. Don't let the employer/employee line start to become murky by allowing yourself to be treated unprofessionally. There is no reason you should be shy about bringing this up as if it were naturally going to be discussed.

Metronanny said...

You should, of course, get your regular hourly rate for any extra hours.

Since you were asked, not required to work, seeking time and a half would be a bit steep.

Metronanny said...

PS.

Although many schools and federal offices close for MLK day it is not really a standard holiday in most business fields. My husband and both sisters, as well as both the mother and father in the family I work for are all expected to work at the office on MLK day as a matter of course and are not given any more than their usual pay. For most adults, except those in federal and local government positions, nannies included, MLK day is not a paid holiday. In addition, many of the minor paid holidays, such as MLK and Good Friday are being taken away from the average worker.

You should sit down and discuss this with your employer. Specifically what paid days off you can expect for the coming year and what the arrangement will be should you work them. this is something done in business anytime and will only make you seem more professional.

Emily said...

I would just say something casual such as, "Since I'll be working on a paid holiday shall we just handle it as accruing flex time?" That way you've brought the subject up, your demand/suggestion is reasonable, and you get the message across that the mom needs to compensate you somehow for being flexible & working on a paid holiday.

lynn said...

I'd bring it up and ask for another paid day off in exchange for working MLK day. This seems fair to me and if that is too difficult for them, then I'd ask for extra compensation for that day

Meg said...

Surprisingly enough, I disagree with most of the other posters. That happens a lot though. I'm a nanny as well. I don't really consider MLK day a "Holiday". If it were me, and I was given the OPTION of working or not, I would probably do it with no other expectations. I don't know why, but it seems like so many of the nannies on here are totally spoiled. I know a lot of nannies get taken advantage of, but it also seems a lot of nannies expect a little too much sometimes as well. I've always formed great relationships with the families I've worked for, and I've never expected too much from them. I know I'll get flamed for this, but it's just my opinion.

I understand if you usually have the day off and get paid for it, that may be another story. But, a lot of people don't get work off for that day, so I don't really see why nannies should.

Happy NY Nanny said...

This is part of her work agreement, Meg. How is wanting what's been stated in her contract being spoiled? She's not a slave, she's an employee.

Philly Nanny said...

Meg, This isn't really about whether or not nannies everywhere should have MLK day as a paid holiday, but what this particular nanny should do about working on what is normally a paid day off for her. She says quite clearly, "I am getting federal holidays off and paid every year."

I agree with lynn--asking to take your holiday at another time is the best option. However, if that doesn't work with the parents' schedules you should ask for OT.

Lindsey said...

Although I don't think this should be a paid holiday, or a holiday at all, that is besides the point. The point is that in your contract you get paid for all federal Holidays and you also get the day off. Since you are working on an already paid holiday you should get your normal $140 plus time and a half. Bringing that days total value too, (drum roll please...) $350. In 95% of jobs if you work a paid holiday that puts you over 40 hours a week, anything over 40 hours is time and a half. I don't know how you work it considering you already work over 40 hours.

jj said...

no, lindsey, that is not how it works. You already get paid the day but you would get and extra $70 for working it. That is time and a half. This is why no one works for time and a half anymore. It really isn't fair or worth it. It's double time or nothing!

Which means you should get another $140 for working it. Do you get it now?

Manhattan Nanny said...

Of course you should get paid for an extra day. I wouldn't offer to trade for another day off, unless that is what you really want. A contract is a contract, and you are already doing her a favor by working on a day they agreed to give you off with pay.

Union rep. said...

JJ,
No, it isn't. Your employer has you hoodwinked!

Lindsey said...

Wrong JJ, My husband makes $35hr when he works Christmas, Thanksgiving, New Years, and Easter (those are the only hoildays I think the recognize) He gets paid for the day $35hr x 8 = $280, wether he works it or not, then if he does work it on top of the $280 he also gets paid time and a half which is $52.50 x 8 = $420, so for the day he makes $700. If he works the holiday that puts his hours at 48 for the week because they already pay you 8 hours for the holiday regardless if you work, so when you do work it puts you at overtime, which is time and a half on top of the time so it comes out to double time and a half.

a parkslopenanny said...

No. You should not. They pay you for a day off many days a year. To ask for over time would be selfish.

parent said...

I agree with Meg. Many people don't get the day off. Nannies who generally get paid well are lucky to have an employer who gives it to them. Come on.. Its a federal holiday which means a holiday for federal institutions. How many people go shopping vs go to MLK memorial services.
OP: Just work. Think of the good will you will generate. It will come back in spades.

pissed off nanny said...

"Come back in SPADES"? WTF is wrong with you?! What an assinine remark. Idiot.

Philly Nanny said...

parent: Oh yeah, that makes sense!

I don't go to church on Christmas, so by your logic I shouldn't have off from work, right?

I doesn't matter what day it is!!!!!

If an employer has PERVIOUSLY agreed that a particular day is a paid holiday (be it MLK day, Christmas or March 23rd) and then they ask you to work you should get OT.

This isn't rocket science.

Philly Nanny said...

oops. I meant PREVIOUSLY

although I kinda like the word "perviously" and might starting using it.

Union Organizer said...

If working the day puts you at 40, and it is a paid holiday, then you would get paid for 48 hours that week, while working 40. Under most union contracts, even if you work a day off, you don't get OT pay time until after 40 hours, no matter what days you work. Time and a half equals 12 hours pay, double time is 16 hours and double time and a half is 20 hours (on an 8 hour day.) When hourly office people work 9-5, it is generally 9-5:30 with an unpaid hour lunch and they get paid for 7.5 hours. Therefore, their week is 37.5 hours and OT does not kick in until after 40.

I disagree with the person who says "no one works for time and a half." There are millions of people in this country who would GLADLY work for half time right now. Get over yourself!

mom said...

Ask for the day paid or another day off. If you come off as greedy, which I think asking for time and a half would sound unless you had brought that up immediately upon being asked (at which point she could have decided whether it was worth it to her to pay a lot extra to have you work that day), then your employer is going to be resentful. Not worth it for a few measley extra dollars. Ask to get paid, but don't milk it for all it's worth.

cali mom said...

Just by how you have described your contract, I can't tell if MLK Day is specifically one of the holidays that is included in your paid "federal holidays". If so, and you are paid hourly, you should either get paid time and a half or get 15 hours of comp time to use later. If your standard work week, agreed to in your contract is over 40 hours, you do NOT get OT for working the additional hours in the week. If YOUR standard workweek is 50 hours, you'd then get OT for hours worked over 50. I used to work at a place where one woman had agreed to work 4 10-hour days instead of 5 8-hour days because she had a very long commute. Her agreement did NOT entitle her to an automatic 8 hours of time and a half every week.

Lindsey, your husband is obviously a union worker and his case has no bearing on OP's. Nobody but union people can actually NOT work a day but somehow claim that they *would* have worked it had it not been a holiday, therefore they get 2.5 times their usual pay for not working it.

Pissed off nanny, have you NEVER heard that expression? Geez, look it up. This is like that time when no one knew that "Mongoloid" referred to someone from Mongolia and got all up in arms.

hello kitty said...

Pissed off Nanny is doing wonders the reputations of nannies everywhere. Good job, Pissed!!!
(That's sarcasm btw)

Swiss Nanny said...

OP, I would just work on MLK day for your normal pay, but ask for another day off that you would normally work. You would be getting the exact same compensation as if you hadn't worked MLK day. Just my two cents! :)

Lindsey said...

Calimom, My husband does not work for a union. He is the manager of a Grocery store, that is employee owned. Every employee owns stock in the company, that can not otherwise be had by people that do not work there. Many union workers have picketed the store because of this, because almost all other stores are union. The store is opened everyday of the year 24/7 except for Christmas and closes early (6pm christmas eve, and 3pm, on thanksgiving). I haven't worked in about 6 years, I am a sahm. But I have never worked a job in the past that did not also pay that way for major holidays. Not ever MLK, but if they were open on holidays and you worked a paid holiday you got paid over time for that day because the paid holiday already put you over 40, and anything over 40 hours at jobs I have had have paid at time and a half.

Goldmember said...

I thought pissed off nanny was mad because parent was suggesting that the nanny should just be a 'good sport' and trust that her good karma points will curry her employers' favour.

Cause we all see how that usually works out...not.

h said...

A private employer does not need to recognize any holidays as holidays. I would never pay anyone a single extra red cent for working MLK.

duh! said...

h, the point is that the employer already did!

just a suggestion said...

You could ask for another paid day off, your choice.

you do the math said...

She would not be working for "free" she would be working for her regular rate of $14 per hour.
She was asked, she said "Yes".
If OP expected hourly rate and a half for her time she should have mentioned it on the front side.

Lindsey said...

Yes she would be working for free, this is her PAID DAY OFF, if she works and gets nothing on top of the paid day then she is working for free, otherwise she would spend the day doing what she wants and also getting her $140. But I do agree, OP should have said something when asked, but at minimum because she was already going to get paid, regardless of if she worked, she should get paid for the holiday, and for the 10 hours she actually spends there.

cali mom said...

Lindsey, I'm betting you are referring to Whole Foods because that's exactly what happened when they opened up near here. The employees handed out Ben and Jerry's Peace Pops to customers who were unsure if they wanted to cross picket lines.

Emily said...

I think you should be paid $140 on top of the $140 for the paid day off so that's $280 total. OR, you can negotiate another paid day off in lieu of this one. Your employers may be more agreeable to the second option because they will not be shelling out so much money on just one day.

Boo-urns said...

This thread is dead ass boring. I think I'll go watch my tighty - whities dry.

Fuck Dempsey's said...

I fucking hate Dempsey's Irish Pub!!

Sharty Sharterson said...

Right on.

I could shart a better thread.

Anonymous said...
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PinkNanny said...

OP,
I would think you would get the additional $140 if it was supposed to be your day off! If not, ask for a different paid day off for later.