May was an extremely busy month for labor rules across the U.S. Read on for our latest roundup of the Department of Labor's final rule, its ramifications across industries, and expert opinions on how all these topics impact your practice and your clients.

DOL Finalizes Fiduciary Investment Advice Regulation | Practical Law The Journal | Reuters
Reuters
The Department of Labor (DOL) has finalized a regulation on the definition of fiduciary investment advice under the Employee Retirement Income ... 

Topics: FLSA, independent contractor, accountants, CPA

When Mike and Joyce welcomed Mike’s mother into their home following the loss of her husband, they also hired a part-time caregiver to assist with some of her daily needs. Opting for simplicity in a challenging time and not realizing there were employment obligations, they agreed to a $500 weekly payment off the books—a decision that seemed mutually beneficial at the outset. The caregiver proved invaluable over the nearly three years she worked with them, parting ways amicably when Mike’s mother transitioned to a nursing facility.

Topics: aging in place, eldercare, Hiring Elder care, hiring care for seniors, Senior Caregiver Payroll

At HomeWork Solutions, we understand the unique needs and benefits of a nanny-share arrangement. It's a fantastic way for families to access dependable childcare cost-effectively. By sharing a nanny, the children enjoy companionship, and the families involved benefit from a more affordable childcare solution. The nanny, in turn, often receives a higher rate than they would with a single family, creating a win-win scenario for all as long as communication and parameters are clearly established.

Topics: nanny share, nanny savings, hiring a nanny, childcare, employment compliance

Good communication that establishes a mutual understanding is necessary when hiring a nanny, senior caregiver, or other household employee to work in your home. When it comes to defining benefits such as paid holidays, the details matter to ensure there is no misunderstanding about how these holidays will be compensated. If the employee often works more than 40 hours per week, defining this benefit and clarifying expectations becomes even more critical. Let’s examine how labor laws determine when overtime is due and how guaranteed pay alters the picture.

Topics: overtime rules, household employee, household employer, hiring a nanny, time tracking, nanny hourly wage, domestic employer legal responsibilities, nanny overtime, Hiring Elder care, Senior Caregiver Payroll

On January 10, 2024, the U.S. Department of Labor (DOL) issued a final rule revising its guidance on how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, this new rule rescinds the prior independent contractor rule from 2021. 

Topics: CPA

Introducing a caregiver into your home is a significant step. That's why many families and caregivers agree to a trial period at the outset of their working relationship. This period, which can last from a few hours to several days, allows both parties to get to know each other better and decide if the arrangement will work for the long term. However, it’s important to remember that even during this initial stage, a caregiver is considered an employee, and all labor laws apply from the moment they step into your home.

Topics: hiring a nanny, interview a nanny, Hiring Elder care, interviewing elder care applicants, temporary household worker, employment compliance

When you hire a new household employee, it's important to handle the process carefully and thoroughly. Whether you're welcoming a nanny, a senior caregiver, or a household chef, understanding the key steps can help ensure a smooth integration into your home and family life. Here are several essential considerations to remember as you begin this important journey.

Topics: household employee taxes, caregiver payroll, household staffing agency, household employee, hiring a nanny, nanny employment practices, nanny payroll, nanny payroll tax, nannies, nanny tax, nanny employee, domestic employer legal responsibilities, household payroll, Hiring Elder care, hiring care for seniors, domestic worker, caregiver management

When your nanny decides to leave, whether the parting is mutual or unexpected, it can be an emotional and complicated time for everyone involved. Here are some important steps to consider to ensure a smooth transition and to maintain a positive relationship through the change:

Topics: caregiver payroll, household employee, household employer, hiring a nanny, nanny employment practices, nanny taxes, nanny employee, nanny return of family property, household payroll, nanny employment termination, nanny separation, caregiver, domestic worker, childcare, child care

Navigating the complexities of payroll and taxes is more than just a bureaucratic task; it's a commitment to fairness and integrity. Let’s take a look at the importance of transparent wage reporting, the ethical considerations of payroll management, the financial risks of non-compliance, and the broader implications on your nanny's welfare.

Topics: household employee, hiring a nanny, childcare, child care

Embracing the journey of hiring your first nanny can be smooth and rewarding with the right approach. A little preparation and planning will pay off in dividends, by saving you time, and frustration, and possibly even preventing a failed first hire.

Topics: interview a nanny