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 and nanny avoid many conflicts as the details are spelled out in advance. Additionally, if a formal dispute arises (wage and hour complaint by the nanny for example) you have formal documentation to rely on.
A formal nanny employment contract or work agreement protects the family as well as the nanny.
Important items include:
- Rate of pay
- Schedule
- Duties
- Benefits
- Confidentiality agreement
- Termination clause
Please note that Montgomery County, MD and Nevada require that the family offer the nanny a written work agreement. The two parties may either enter into the formal agreement, or the nanny must sign a waiver stating that she was offered, but declined, the written contract.
Employers in New York, the District of Columbia, Maryland, Massachusetts and California must provide a written Pay Rate Notice at the time of hire, annually there after, and any time there is a change in the hourly pay rate.
Resources:
» California Mandatory Pay Rate Notice (PDF)
» New York Mandatory Pay Rate Notice (PDF)
» District of Columbia Mandatory Pay Rate Notice (PDF)
» 10 Tips: Writing the Nanny Work Agreement (Includes link to downloadable PDF sample nanny contract)
» Free Sample Work Agreement