Nannies who provide in-home care are almost always employees of the families who employ them, yet many families characterize their domestic employees as independent contractors incorrectly, either unknowingly or willfully, in order to avoid social security taxes or overtime pay rules of the federal Fair Labor Standards Act (FLSA). Over the last few years, the Wage and Hour Division of the US Department of Labor, the Division charged with enforcement of the FLSA, has increased its investigative focus on independent contractor mis-classification and nontraditional workplace structures, according to David Weil, administrator of the Wage and Hour Division since 2014. Household [...]
If you hire a nanny or elder caregiver to care for your child or aging parent, you probably already know that the law generally considers this person your employee and you will need to withhold and pay the "Nanny Tax" for this person, which more specifically is social security and Medicare employment taxes. Caregivers are typically employees of the individuals for whom they provide services because they work in the homes of the family and the family has the right to tell the caregivers what needs to be done. But what if these services are provided by a family member? [...]
Most times, household employers run afoul of the law by paying their household help “under the table” and not withholding the proper employment taxes. But by paying your nanny legally, and withholding taxes from her pay, creates a trust relationship between you and the government with regard to those withheld taxes. If you withhold employment taxes, and then fail to pay those taxes over to the government, you likewise face substantial liability as a “responsible person” under federal (and most states’) tax laws. In US v. Hastings (W.D. Mo. 2015), a bookkeeper for a small business who willfully failed to [...]
Growing up I always wanted to be a stay at home mom. As I got older reality set in and I realized that might not be an option for me. Plan B was derived: if I had to work and so did my husband we would want a loving nanny to care for our child and help around the house with light chores. Daycare was last on our list - simply because we had no experience with daycare in our families. Sure enough in 2012 our little boy arrived and we are a working parental team and like many other [...]
ESC has issued an important new release of NannyPay2 (v. 2.1.335). We have updated the FileMaker framework to the latest version and the software no longer depends upon java for file operations. This will make for smoother updates in the future. We've also added the ability to assign multiple pay rates to employees so if you have a Nanny that works both days and evenings, you can now customize different hourly rates. In addition we have addresses bug fixes and interface improvements. To update your software, run NannyPay2 and click on "Check For Updates" ("NannyPay2" menu on the Mac; "Help" [...]
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Our name may say nanny but our software is more just that. Did you know you can use NannyPay for any household employee such as housekeeper, maid, lawn care or babysitter? Learn more about our NannyPay2 Staff Edition on our Product page.