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Knowledge Center

Household Employment

  • How are the nanny’s (employee’s) payroll taxes paid?

    Nanny payroll taxes – most household employers have BOTH Federal and State tax reporting and filing obligations. Household Employers Nanny Tax Checklist Federal Employment Taxes The Federal employment taxes include Social Security tax, Medicare tax, withheld Federal Income Tax (if applicable), and the Federal Unemployment Tax (FUTA). The household employer is required to collect the… Read more »

  • Why is my nanny an hourly employee? I want to pay her a salary and not worry about tracking hours each week.

    Nannies and other ‘domestic service employees’ are classified under the Fair Labor Standards Act (FLSA) as non-exempt workers. The term non-exempt employee refers to a worker who IS subject to the terms of the FLSA regarding such issues as overtime compensation and minimum wage coverage, contemporaneous time tracking record keeping, as well as how frequently… Read more »

  • Do I need to pay my housekeeper or nanny overtime? What about nanny minimum wage?

    The simple answer is yes. Domestic employees, including nannies, housekeepers and senior caregivers, have been covered by the Fair Labor Standards Act (FLSA) since 1974. The FLSA establishes: The rules for workers who may be salaried and who must be paid overtime. The rules for workers who must be paid no less than minimum wage…. Read more »

  • How frequently do I need to pay my household worker? My nanny wants to be paid weekly. Do I need to do that?

    Payroll for your household employee (nanny, housekeeper, maid, senior caregiver, etc.) is governed by the Fair Labor Standards Act. Household employees are Non-Exempt employees under the FLSA. The pay frequency of a nanny or senior caregiver (and all hourly, non-exempt employees) – the maximum interval between wage payments to the worker – is governed by state… Read more »

  • Is my nanny an “independent contractor.” Can I do that?

    Is my nanny an independent contractor? Can I give my nanny or senior caregiver a 1099  and let her file her own taxes? Most Workers are Employees! The US Department of Labor’s Administrator of the Wage and Hour Division, David Weil, clearly stated on July 15, 2015 that most workers are considered employees under the… Read more »

  • My nanny or caregiver is not a legal resident. What should I do about employment taxes?

    The Internal Revenue Code maintains that the immigration status of your nanny or other employee has no bearing on your obligation for employment taxes. Immigration enforcement in the Obama Administration is focused on penalizing the EMPLOYERS – particularly prosecution for employment tax fraud. Employing an undocumented worker is a violation of immigration law. Failure to… Read more »

  • Do I need to hire a U.S. citizen to be our nanny or dad’s caregiver?

    SUMMARY: You may legally hire a U.S. citizen, an alien lawfully admitted for permanent residence, or an alien with a valid work permit. You are required to verify your candidate's employment eligibility using » Form I-9. Aliens with a valid work permit are eligible for and should have a valid Social Security Number. It is... Read more »
  • Do I have to pay payroll taxes for the cleaning lady that comes weekly?

    Is a regular cleaning lady subject to the nanny taxes? Is the cleaning lady a household employee? Any individual whom you employ to provide services in your home whom you pay directly AND whose total payments in the calendar year meets the IRS household employment threshold ($2000 in 20165) must receive a W-2 from the… Read more »

  • Do the Nanny Tax rules ever change?

    Yes. The 1995 Federal legislation, the “simplification” of the nanny taxes, began a cascade of changes that continues today. Nanny tax rules alone are not the only regulations the household employer must follow. Numerous changes to federal and state labor laws specifically impact household employers. Federal Employer Identification Number required for all household employers. Reporting may no… Read more »

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