r/legaladvice•
tessalynn20

I'm being overpaid, but not as a tip.

Location: Northern Illinois

TLDR: Private contractor is consistently overpaid weekly despite efforts. Currently racked up over $400 extra. But also, being underpaid hourly. What should I do?

Hi!

I have been a private nanny for almost 7 years and have worked with many different families. I have worked with this particular family since mid-January (apx 6 months at posting). For reference, they are fairly well off and are frugal spenders: fewer items and services, but high quality everything.

*Per our agreement at the time of hire, I am paid an hourly wage (straight pay, no overtime) rather than a salary for 50 hours per week and a 1 week pay period. *

I am very good at my job and take pride in my work. One of my tasks is keeping track of my own time sheet. I break down each day in the pay period with time stamps, hours worked, and dollars earned. We use a payroll service, so my employer only has to enter the gross total and the total hours per pay period. Once calculated, i either send a picture of the time sheet to my employer or leave the hard copy open in the designated spot. I almostalwayslet them know that the time sheet is ready before i leave my final shift for the week. I suspect that they have a setting that auto-fills a total if they do not enter a different number. I keep a very honest record of my time worked and often work less than 50 hours per week. However, most weeks, I am paid for working 49.5 hours. At least 3 times, I have brought it up and had my next paycheck smaller to adjust for the extra pay.

Including today, I have been overpaid for the past 3 weeks. I mentioned it the first week. The second week, they were out of the country when it processed, and now, today.

I am trying to keep my feelings and personal situation out of this, but now I'm feeling stuck. The extra funds have helped me squeak by on a few bills. Taking more than $100 per week to compensate for the difference would leave me with not enough to get by. I know they would work with me on that aspect, but there is another issue that has been bothering me for a few months.

I verbally agreed to this term at the time but didn't understand what it would look like. Because we use a payroll service, they are required to pay overtime after 40 hours worked. I agreed to be paid a lower hourly rate to make up for the increased overtime rate they are required to pay me. I planned on losing out on a little of my hourly pay, like an hour here or there. However, most days, I am sent home early. This means I'm only making my lowered rate and missing out on the "overtime" pay.

Questions:

Is this just an occupational hazard? (I haven't let myself do the math on that because it would only upset me.) Should I continue to pester them about the overpayment? Should I continue to be slightly underpaid hourly? Is there any recourse they have if I let them keep overpaying me without saying anything?

Any thoughts or ideas on how to proceed would be greatly appreciated.

Other notes:

I don't have a personal relationship with this family.

I have been very flexible and consistent.

They have never tipped me in the past.

I am mostly happy with this job.

I'd like to do the best/right thing.

I do not want to burn any bridges.

This has been my family's main income for 6 months. I have been picking up a few odd jobs per month to supplement my income

Posted Jul 10, 2026, 5:54 PM UTC

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