I own a babysitting service for vacationers to Florida.

Some of the sitters have been known to babysit for up to 12 hours for any given assignment.

Do overtime laws only apply to 40+ hours per week (if so, it doesn't seem fair).:)

In Florida, it's overtime only for hours phisically worked in 40 hours. It doesn't matter how many hours are worked in a day.

I don't understand the paragraph here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.421.htm

It doesn't seem fair because some of the ladies have been known to work for over 12 hours in any given babysitting assignment.

I don't understand the paragraph here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.421.htm

It doesn't seem fair because some of the ladies have been known to work for over 12 hours in any given babysitting assignment.

What does "fairness" have to do with it?:confused:

To the sitters, it isn't fair that they aren't being paid time and 1/2 for over 8 hours. Should I pay them overtime?

I agree that 12 hours is a lot of hours (with technically no break in between)

There should be a law regarding over 8 hours.

What does "fairness" have to do with it?:confused:

Fairness is why laws are enacted isn't it?

The paragraph in question relates to where there is a contract or a state law that requires time and a half over 8 hours. Florida does not have such a law - nor do 45 other states.

They are NOT due overtime if they work over 8 hours in a day under either Federal or Florida law, or that of most states.

If you choose to pay them overtime for over 8 hours in a day, you may do so; the law does not prohibit it. But it is also not required.

Fairness is why laws are enacted isn't it?

Not that I've noticed...but that's an interesting concept.

To the sitters, it isn't fair that they aren't being paid time and 1/2 for over 8 hours. Should I pay them overtime?

If you feel that way, it is your business and you are free to run it as you please, so long as you don't violate any laws. Paying overtime for working more than eight hours in a day is legal but not mandatory.

Every penny is coming out of your pocket, though, unless you increase prices to your customers to offset the loss. That, in turn, creates the potential to drive business away.

Your call.

Thank you. I have noticed when I calculated time 1/2, it is actually less than the actual hourly rates comparable services in my area charge across the board, so the babysitter and customer wins in the end.:D