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.

The Internal Revenue Service (IRS) and 11 states, as we reported in October 2011, have entered into information sharing agreements for purposes of employment tax enforcement. Virginia, apparently, is making a concerted effort to collect state unemployment taxes from employers known to the IRS, but not to the state.

Reprinted with permission from First Class Care, Inc., a nationally recognized nanny referral agency in Chicago, IL, and a host of the Chicago-area National Nanny Training Day event. HomeWork Solutions is proud to support this event.

HomeWork Solutions' Kathleen Webb will be joining a wonderful panel coordinated by New York's Park Slope Parents that will help to step parents through the nanny hiring process. Follow the link for registration information and details.

The U.S. Department of Labor announced in December a proposed rule change that would extend minimum wage and overtime protections to cover elder care workers who currently fall under the companion exemption in the Fair Labor Standards Act. The DOL extended the comment period on its proposed rule to extend minimum wage and overtime protections to elder care workers to March 21. Originally the comment period was scheduled to close on Feb. 27. This is the second extension.