I just read Breedlove and Associates informative post on paying nannies who travel with families over vacation. Read below, and if you are an employer, you may be surprised.

The Law:
When accompanying an employer on a trip – whether a vacation or a business trip – an employee must be compensated for all hours worked during the trip, including the time spent traveling to the destination. If the employee’s working time exceeds 40 hours in a 7-day period, the employer must pay the employee for the overtime hours at the time-and-a-half rate. In addition to the regular and overtime pay, the employer is responsible for the employee’s traveling expenses, including airfare and hotel accommodations. These expenses are covered by the employer because the employee would not have incurred these expenses on her own.

A traveling employee does not need to be compensated during her “free time,” which is defined as time when she is not responsible for her charges and she has complete freedom to go and do whatever she pleases.

I am guessing that most families are unaware of the legal compensation requirements because I didn’t know them either. We don’t write the law but feel that it is important to share this information. No one wants to be caught up in a legal/financial mess. I know many employers feel that travel with them is a big bonus for their nannies—and sometimes it truly is. They stay nice in places and the weather is usually good. But most of the time away, the nanny is on duty. It isn’t her vacation, and often she may end up working more hours than her normal work week. The conversation regarding hours and pay while on vacation should be discussed before your departure. This will help both you and your nanny have a great vacation.