Knowledge Center

Legal and Tax Issues

• Is it legal for a nanny to be employed by a family office?

  What is a family office? The first step to understanding the difference between being employed by a family and family office employment is to understand the purpose of a family office. A family office may be an advisory firm that focuses on private wealth management or a separate legal entity that has been created to manage often… 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 nanny pay… Read more »

• Do I need to pay my housekeeper or nanny overtime? What about nanny minimum wage?

  The simple answer is yes. Domestic employees specifically are covered by the Fair Labor Standards Act (FLSA) and have been since 1974. The FLSA establishes: The rules for workers who may be salaried (exempt) and who must be paid overtime (non-exempt). The rules for workers who must be paid no less than minimum wage. State… 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 »

• 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 »

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

  Our Ultimate Guide to Nanny Payroll Taxes Requirements 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,... 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 »