A recent case before the California Appeals Court for the Fourth Appellate District highlights the important responsibility an employer has to maintain accurate and contemporaneous time records for employee work and compensation.

California is striving to shine a light on its underground economy.  At the end of 2011, the LA Times reported that employers who pay their workers under the table - to avoid payroll taxes, workers’ compensation insurance and other government mandates - cost the state about $7 billion annually in lost tax revenues.  Last week, California’s Labor Enforcement Task Force set up a public hotline for workers and employers to call in complaints and provide enforcement tips.  Employers who are playing by the rules want to create a level playing field by "ratting out" their competitors who cheat.  One state official notes, “The hotline will be a valuable tool to gather information and bring into compliance those employers who treat workplace safety and wage and hour laws as a nuisance”. 

Efforts by workers’ rights groups to spread the word about New York’s Domestic Workers Bill of Rights have resulted in a big uptick in grievances filed against household employers.  Advocacy groups are actively canvassing New York City neighborhoods – in playgrounds and grocery stores and other places where nannies and other household employees are likely to go - to educate these workers about their rights.

The beautiful baby has arrived and mom is preparing to return to work. The new parents begin interviewing nannies, a stressful endeavor for all concerned! Will she keep my baby safe? Will she love my child? Can I depend on her to be on time and not call out at the last minute? Does she have the experience I am looking for? Can I afford her? The absolutely last thing on the new parent's mind in these interviews is tax and labor law, and this is where nanny and family can find themselves out of sync.

Most nannies and their employers work and are paid on a set weekly schedule; however, from time to time the family will require additional hours from their nanny. Legally, nannies are entitled to additional compensation for additional hours worked, and live out nannies, at a minimum, are entitled to the overtime differential (1.5 times the hourly rate) for hours worked over 40 in a work week. *

Guest blogger Bonnie Low-Kramen is the author the book, Be the Ultimate Assistant, A celebrity assistant’s secrets to working with any high powered employer. Bonnie is the former assistant to celebrity couple Olympia Dukakis and Louis Zorich. Bonnie is now teaching workshops for Personal Assistants in major U.S. cities. Visit www.bonnielowkramen.com for more details.

Worker misclassification - the practice by an employer of treating an employee as an independent contractor for purposes of avoiding employment taxes - is a constant issue in the field of household employment. Many household employers - and employees - simply feel this is easier, that the tax forms are too complicated, or the tax expense too high.

The US Treasury's Internal Revenue Service (IRS) advises that G and A visa holders temporarily present in the United States as a foreign government related individual are non-residents for income tax purposes, no matter how long they have resided in the United States. The situation for a G-5 domestic servant, who is NOT a foreign government related individual is a bit different, and their Federal income tax filing status is determined based on their time in the country.

We recently posted some advice on how to choose a quality nanny referral agency. We work with agency partners nationwide to help their clients and referred private service professionals alike understand the mechanics of household payroll. Nannies from the Heartland Inc. is a well respected household staffing agency in Minneapolis, MN. Becky Kavanagh, an experienced placement counselor (with 22 years of nanny experience!) shares some of her thoughts on how parents can stay connected to their child's day.