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Knowledge Center

Legal and Insurance Issues

  • Caregiver or Nanny Pay Stubs: Are they required?

    Did you know that 39 states have now passed laws requiring employers to provide itemized pay stubs to their employees? Why all the attention to nanny pay stubs? There has been a slew of legislation at the state level in the last decade focused on “Wage Theft Prevention” – essentially employers either not paying for all hours... 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 »

  • What about tracking the nanny’s hours? What is required?

    Fair Labor Standards Act (FLSA) states that due to the nature of their work and duties, nannies and other household workers are employees, are hourly workers,  and are covered by minimum wage and overtime laws. The FLSA requires employers to maintain accurate and complete contemporaneous time tracking records for all hours worked by an employee…. Read more »

  • What is a wage garnishment order?

    Most of our nanny and senior care employers are unfamiliar with wage garnishment orders and the implications and responsibilities they have in relation to the order. A wage garnishment order is a court order which requires that some portion of an employee’s earnings be withheld by the employer for the payment of a debt. Most… Read more »

  • Do I need a nanny contract or work agreement?

    A  nanny contract or work agreement is not legally required under Federal law, but you SHOULD take the time to write one up anyway. It is a best practice that protects the family and provides a point of reference to both parties when there are questions or misunderstandings. A written agreement helps the family and… Read more »

  • I hired a nanny. What about worker’s compensation and disability insurance?

    SUMMARY: State insurance regulations define who is required to carry worker’s compensation and disability insurance. The rules vary by state. We recommend meeting with a licensed insurance broker to discuss your local regulations and review all of your insurance needs when you become a household employer. Worker’s Compensation Insurance is protection mandated under state law… 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 »

  • How do I calculate overtime for my salaried nanny? What about compensation for occasional overnights?

    Many nannies are paid on a salaried basis. What this typically means is that the family has agreed to pay the nanny a pre-determined salary for a given number of hours in a pay period. The full time nanny work schedule is often more than 40 hours per week. It is important to remember, however,… Read more »

  • Am I required to offer my nanny benefits such as vacation time, sick time, or paid time off?

    US employers are not required to offer benefits such as paid vacation time, paid sick time, medical or life insurance, or retirement savings plans. However, employers with full time, permanent staff find that offering some basic level of benefits keeps them competitive in the employment market, attracting and retaining the best staff. Additionally some states… Read more »

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