There are several. We do not provide legal or employment advice. However, we are aware of some of the laws that commonly apply to our employers and want to pass along what we know. Here are some of the biggies.
A Household Employee is not a Contractor. A Nanny is almost always considered an employee and not a contractor under IRS regulations.
Employer Taxes. You must begin withholding and paying taxes on your Nanny’s earnings if she makes more than $1,000 in any quarter, or $2,100 in the calendar year (2019).
Federal, State, and Local minimum wage laws apply to Nannies and all Household Employees.
Nannies and other Household Employees are almost always hourly and not salaried employees. Overtime provisions of 1.5 times regular salary for nannies that work more than 40 hours per week and are not live-in are required by Federal law (under the Fair Labor Standards Act https://www.dol.gov/whd/regs/compliance/hrg.htm#2) and some states laws. “Home Care Workers” or Adult Caregivers are often entitled to overtime but it gets complicated. Your best guide for this kind of employee can be found here https://www.dol.gov/whd/homecare/homecare_guide.pdf. Most states follow the federal provisions but there are exceptions.
You can look up your minimum wage here: https://www.epi.org/minimum-wage-tracker/
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