Nanny Agency JobsTo understand overtime in a US nanny role, first identify the work location, employer, actual hours and living arrangement. “Full-time,” “salaried” or “live-in” in a posting is not enough information to answer every overtime question. Your useful next step is to organize those facts and ask which rules apply to the specific job.
This is a federal orientation checked October 27, 2026, with questions for state and local review. It does not determine an individual's exemption or calculate wages owed. Live-in and agency-employment questions need particular care because the published federal guidance and a later enforcement policy address different issues.
Understand the federal starting point
The DOL's FLSA FAQ states that covered, nonexempt workers must receive at least one and one-half times their regular rate for hours worked above 40 in a workweek.
Ask what workweek the employer uses and how daily time is recorded. If your pay statement covers a longer period, ask how the separate workweeks are shown. Do not replace those questions with a calculation based only on the largest number in the offer.
Keep your work agreement and actual schedule available for the discussion. If someone says the proposed salary already addresses overtime, request an explanation appropriate to that arrangement rather than treating the word “salary” as the answer.
Separate live-in rules from enforcement policy
The DOL's domestic-service FAQ describes a federal overtime exemption for qualifying live-in workers employed by an individual, family or household, and a restriction on third-party employers claiming that exemption.
Its later Field Assistance Bulletin 2025-4 directs WHD's home-care enforcement while the department reconsiders the 2013 rule. It suspends enforcement of specified changes but expressly does not change statutory or regulatory requirements. The 2026 regulatory plan lists a proposed rulemaking timetable; that is not an effective final rule.
Ordinary nanny childcare should not be assumed to be the companionship or home-care work discussed in that bulletin. Nor should a question about what an agency investigates be substituted for a question about legal obligations. For a live-in or agency-employed arrangement, ask a qualified local employment adviser to check the current rules, the actual duties and the employer relationships together.
Make the hours question concrete
Record what happened before deciding how a disputed period should be treated. Keep the planned schedule and actual start and finish times, plus notes explaining interruptions or changes. Ask how to correct the employer's record if it differs from yours.
For availability, overnight periods or breaks, describe the actual conditions. Were you providing care, responding to a request, required to remain available or able to use the period for yourself? Record the relevant instructions and what occurred. These are facts for review, not automatic rules for adding or removing time.
Keep separate entries for time worked and paid time away from work. Ask the payroll contact to explain unfamiliar categories. Avoid quietly changing your record to make it resemble an expected total; a clear discrepancy gives the reviewer something specific to resolve.
Build an overtime clarification sheet
Use one sheet for the arrangement under discussion:
- Location: Where the work occurs, including any different location being proposed.
- Employer: Who is named in the agreement and how the agency describes its role.
- Residence: What living arrangement actually applies, beyond the posting's label.
- Workweek and records: The stated workweek, time-recording method and correction contact.
- Questioned period: Dates, actual activities, instructions and any interruptions.
- Explanation requested: The coverage or exemption being relied on and who can review it.
- Resolution: The dated response and any revised records or terms.
State rules also matter. California's domestic-worker guidance distinguishes duties and living arrangements. It illustrates why a national summary cannot settle a state-specific case. Ask the relevant labor agency or adviser which state and local requirements apply alongside federal law.
Try a fictional clarification
Fictional example: Elena's live-in offer describes a weekly salary and occasional evening coverage. During the first discussion, neither the evening expectations nor the agency's continuing role is clear.
Elena asks for the usual daily schedule, the process for additional requests and the name of the employer. She records “evening coverage not yet defined” rather than inventing an hours estimate. She then asks who can explain the overtime treatment for the confirmed arrangement.
Her follow-up is specific: “Please clarify the evening duties and time-recording process, and identify who will review the overtime rules for this living and employment arrangement.” This example does not establish that an exemption applies or calculate an entitlement. It shows how to replace an ambiguous promise with reviewable facts.
Sources
Official sources linked above were checked October 27, 2026. Rulemaking and enforcement status require a fresh check; this guide is due for review November 3, 2026. The worksheet and example are original NAJ tools. Editorial source checking does not constitute legal review of your job or agreement.