The California Domestic Workers' Bill of Rights (CA DWBR), which went into effect in 2014, along two other pieces of recent legislation obligate California household employers to special responsibilities. Recently the January 1, 2017 sunset provision of the 2014 CA DWBR legislation was repealed - a significant victory for domestic worker rights advocates.

California household employers must first make a determination, based on the nature of the work performed, whether their employee is a domestic service worker or a personal attendant. Duties determine the applicablity of Wage Orders and employee protections in California. It's a bit complicated! 

1. Compensation: Clearly outline what your nanny will be paid including gross wages (amount paid before taxes), net wages (amount of the actual paycheck), employment taxes (legal tax obligations such as medicare, social security, etc.), and income taxes. In addition, be sure to outline the overtime pay policy, what the exact hourly pay rate is, and establish a pay day schedule that is clearly outlined on a weekly or bi-weekly basis. Many states require that the household employer provide a written Pay Rate Notice to the employee at the time of hire.  Overtime pay can be an especially sticky situation so Bob King of Legally Nanny recommends, “Employment agreements should list the regular and overtime rates of pay on a per hour basis. Additionally, the agreements can list when overtime applies under applicable state and federal laws.”
2. Benefits: Most benefits are negotiable, unless they are established by state law. Define paid time off carefully, as well as paid holidays, indicate which paid holidays the nanny gets and which ones are not included. If you are going to provide health insurance or mileage reimbursement, you will need to explain this carefully in the agreement.
3. Confidentiality agreement: This is a big one and is something you should be very clear about with your employee. Carefully consider how you will address the topic of social media postings and publishing photos online. In addition, be sure that there is a portion of the contract dedicated to what is considered confidential information so there is no confusion down the road.
4. Job duties: Details count and clearly outlining what you expect your nanny to do is important. Will you require the nanny to offer help/assistance with homework, do housework, or prepare meals? Will she be required to provide transportation for the children or bring them to medical appointments? Spell out exactly what your requirements are.
5. Separation planning: Termination clauses will help protect both you and the nanny, so it’s important to establish clear ground rules with this. If the nanny wants to quit work, include a clause of notice that she must give, or if you want to have the ability to terminate the nanny at any time, outline an “at will” clause that gives you the ability to terminate the employee for any reason.

If you have never developed a nanny work agreement and feel overwhelmed at the prospect of sitting down and writing one, our team of experienced professionals can help. We’ll walk you through the process and be sure that everything you need is included in there. Contact us today for advice!

The work agreement (sometimes called a contract) you negotiate with your nanny, housekeeper, or elder care provider sets the professional tone of the work relationship right from the start. A carefully thought out work agreement will help the employer avoid future problems and misunderstandings with the employee.

By Dr. Lindsay Heller, Psy. D.