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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]pp with zero nannies wanting to be on the books, something tells me your pool of nannies were not eligible to legally work here. Most nannies do want to work on books since they are aware that it means social security and medicare in old age.[/quote]

My nanny was legal to work but didn’t want to be paid on the books as she didn’t want to retire here.[/quote]

You are bring very foolish because this can come back to bite you.  [/quote]

I have yet to hear a story of it coming back to bite someone except those running for office. [/quote]

I’ve seen it happen multiple times. Issue arises when nanny is entitled to something that requires on books payment like unemployment or disability. Nanny can file for this and employer is hit with significant fines by dept of labor etc. including failure to pay OT.  sometimes employers will try to pay nanny not to do this but legally it’s out of the nanny’s hands. Also out legal fees for the lawyer you hire to negotiate settlements etc. just depends on your appetite for risk. Odds are it won’t happen but it’s a sure headache if it does. [/quote]

Wouldn’t the nanny also have to pay back taxes to the IRS?  And possibly penalties for the late filing / lack of withholding?  My sense is that when parents pay under the table, the nannies are on board because they can hide income from the IRS. [/quote]

I think that's the operating assumption that both sides feel that they are in it together. But a nanny can either innocently file for unemployment because they hear it's available (not realizing the repercussions) or they can use it as leverage with a family when things end poorly. The financial impacts to the employer are much greater because of interest and treble damages etc from department of labor. Tens of thousands of dollars. I think I've heard of parents receiving fines in the 60-70k range (though sometimes these can be negotiated downward). To the IRS, nanny may be small fish and probably won't pursue any sort of criminal case. Finally many parents who employ nannies so that they may work could have one or two professional licenses on the line (attorney, doctor, broker/finance, etc.). All that said - it's not like it's 50/50 odds that you get caught. The odds are pretty low and it can be dealt with. I've never actually heard of financial ruin, but it's added stress. [/quote]

Unless you pay your nanny in cash, there is a paper trail that can be used as evidence. [/quote]

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