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Legal and Tax Issues

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

    Whether your nanny works full-time, part-time or lives with your family, the odds are likely that in the eyes of federal and state governments, they are an employee of your household. That means that you, as the nanny's employer, need to make sure that you're following state, federal and local tax requirements, both when you... Read more »
  • How often do I need to pay or remit the “nanny taxes”?

    Many wonder how to pay nanny taxes and how often to file. Understand that 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… Read more »

  • Can an employer pay the nanny on the payroll of their own business?

    Considering adding a nanny on business payroll? Nanny employers who own a business or a farm operated for profit can choose to include their nanny’s payroll in their 941 or 943 tax returns. The ‘nanny taxes’ are exactly the same employment taxes paid for other employees and do not require special calculation. What the sole… Read more »

  • Nanny Fired: When are last wage payments due?

    Whether the nanny is fired (involuntary separation, termination or discharge) or resigns (quits) voluntarily, state rules define how quickly the employer must give the final paycheck. Below is a state by state summary of separation payment rules as they apply to household employees.* May 2019 You MAY NOT withhold the final paycheck pending the return… Read more »

  • Nanny Terminated: Do I have to pay out Vacation or Sick Time?

    When your household employee – whether a nanny, housekeeper, senior caregiver or other – leaves your employment many states require that you pay out her earned but unused vacation time. Generally, it doesn’t matter if the separation of employment is voluntary or involuntary. If you have a separate bank for sick time, that is excluded… Read more »

  • Fair Labor Standards Act (FLSA) Overtime Rules and Domestic Employment

    Fair Labor Standards Act (FLSA) overtime rules and domestic employment are often misunderstood by the household employer. The temptation is to either agree to a weekly “salary”, agree to “average hourly rate” (pay $15 an hour for 45 hours for example) and or to average weeks (pay bi-weekly and average the two weeks hours to… 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 records for tracking hours worked by an employee. When… Read more »

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

    Most regular nannies are paid on a guaranteed pay basis. What this typically means is that the family 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,… 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?

    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 law. Nanny pay frequency regulations are summarized below. Payroll calculations for your household employee (nanny, housekeeper, maid, senior caregiver, etc.) are governed by the Fair Labor Standards Act…. 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 nanny work agreement helps the family... Read more »
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