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Knowledge Center

Legal and Tax Issues

  • Household Employment: Schedule H vs. 941

    Household employers file and pay the exact same employment taxes as commercial employers do. The IRS established the Form 1040 Schedule H in 1995 to simplify and streamline the household payroll tax reporting. Often times, however, the household employer or their CPA are confused about the proper reporting and begin filing quarterly Forms 941 for… Read more »

  • I have a domestic (nanny, elder care giver, housekeeper) working in my home. What taxes do I need to pay?

    In general, the Internal Revenue Service requires payroll tax filings by a domestic employer (household employer) who pays a household employee more than $2000 cash wages (2016) in a calendar year. These nanny payroll taxes are collectively referred to as “nanny taxes”, although as a practical matter these employment taxes are applied to all US… Read more »

  • What payroll taxes does my nanny (housekeeper, maid) pay?

    Nanny payroll taxes, what are they?  First it is important to understand the so called "nanny taxes" apply to ALL household employees, not just nannies. Your household employee (nanny, housekeeper, senior caregiver, etc.) contributes to or pays: Social Security & Medicare Taxes (via payroll deduction) Employee Disability/Unemployment Taxes where required. Federal/State Income Taxes The employer... Read more »
  • 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 »

  • How often do I need to pay or remit the “nanny taxes”?

    The federal and state filing schedules are NOT synchronized. Additionally, not all states have the same reporting schedule. Federal Employment Taxes: Employers of domestic workers must, at a minimum, make annual payments for Social Security, Medicare and Withheld Income Tax (if applicable), as well as Federal Unemployment Tax (FUTA). This filing is incorporated with the… Read more »

  • 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 »

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