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California Domestic Workers’ Bill of Rights Effective January 1, 2014

Posted by Kathleen Webb on 12/19/13 7:52 AM

California Governor Brown signed the California Domestic Workers’ Bill of Rights, AB 241, into law on September 26, 2013. The regulations become effective January 1, 2014.

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Topics: domestic workers bill of rights, domestic employer legal responsibilities

What does the FLSA have to do with a Household Employer?

Posted by Vanessa Vidal, FPC on 11/27/13 5:21 PM

Did you know that when you employ a nanny, housekeeper or other household employee who does not reside in your household, you must comply with FLSA overtime regulations?

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Topics: FLSA, overtime rules, nanny hourly wage, domestic employer legal responsibilities, nanny overtime

Hard Choices for Household Employers - Immigration Reform and Nanny Tax Compliance

Posted by Vanessa Vidal, FPC on 7/9/13 6:23 PM

Congress is debating Immigration Reform, legislation that would establish a path to citizenship for the about eleven million undocumented workers living and working in the shadows today, bypassing tax law obligations.  A good portion of these are employed as household workers such as nannies, housekeepers and senior caregivers. 

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Topics: domestic employer legal responsibilities, household payroll tax, nanny tax compliance

Nanny Taxes - Answering Common Questions about Classification

Posted by Vanessa Vidal, FPC on 5/20/13 11:38 AM

HomeWork Solutions is a leading national nanny/household employee payroll and tax company. We work with thousands of families, and hear and respond to the same questions/concerns over and over again.  We want to take the opportunity to share this information with you through this easy to follow Q. and A.

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Topics: babysitter nanny tax, worker misclassification independent contractor, domestic employer legal responsibilities, nanny non-exempt employee, nanny independent contractor, nanny tax compliance, nanny job description

Court Affirms Undocumented Workers Are Entitled to Recover Unpaid Overtime Under the FLSA

Posted by Kathy Webb on 4/3/13 1:56 PM

The Lamonica v. Safe Hurricane Shutters Inc. (11th Cir., 11-15743, 3/6/2013) ruling by the Eleventh Circuit Court confirmed that a worker's immigration status has no bearing on the worker's right to sue to recover unpaid overtime pay. The decision affirmed a lower court ruling in favor of the undocumented workers that awarded unpaid overtime and damages.

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Topics: domestic employer legal responsibilities, nanny overtime

10 States Raise Minimum Wage for 2013

Posted by Kathy Webb on 1/3/13 7:37 AM

Nannies, housekeepers, elder caregivers, and most house managers are considered Hourly, Non-Exempt employees under the Fair Labor Standards Act. This means that most are covered under both minimum wage and overtime laws. Accurate and contemporaneous time tracking and records maintenance is a legal obligation!

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Topics: time tracking, nanny hourly wage, domestic employer legal responsibilities

Nanny Given a 1099 Fights Back

Posted by HomeWork Solutions on 12/20/12 7:53 AM

Nannies are employees of the families they work for. They are not independent contractors, whether the family or nanny wants to be or not.

Families sometimes try to completely side step their employment tax obligations by giving the nanny a 1099 form at year end. In so doing, they avoid paying their share of Social Security and Medicare taxes, as well as unemployment taxes, and they push their tax obligations on to the nanny. This path allows the family the benefit of child care tax credits without the corresponding expense of paying their portion of the employment taxes.

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Topics: nanny w-2 form, domestic employer legal responsibilities, nanny independent contractor, household independent contractor

NYTimes Article Confuses Household Workers' Rights

Posted by Kathy Webb on 11/27/12 5:25 PM

Household employees - nannies, maids and housekeepers - and the families that employ them often don't understand how payroll tax, labor law, and the unemployment insurance system apply to this particular employment situation.

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Topics: domestic employer legal responsibilities, nanny non-exempt employee, nanny overtime

Payroll Tax Enforcement Efforts Accelerate

Posted by HomeWork Solutions on 6/19/12 4:05 PM

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”

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Topics: nanny tax audit, domestic employer legal responsibilities, payroll tax enforcement, california household employment

Don't Forget the Nanny Overtime

Posted by Kathy Webb on 5/17/12 7:34 AM

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. *

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Topics: nanny employment practices, domestic employer legal responsibilities, nanny overtime

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