Any BTDT Advice - Afterschool. Nanny

[Anonymous]

Anonymous wrote:

Anonymous wrote:What Is an Independent Contractor?
An independent contractor is hired to perform a job or service for an employer, but the employer has no control over the details of how the services are performed. Generally, an independent contractor provides needed equipment and supplies and is free to make other decisions along those lines. An independent contractor not only controls how the job gets done, but they also have the right to control who does the job, meaning they can hire someone to fill in for them when necessary. Also, contractors don't work regularly for the employer; instead they are hired on an as-needed basis.

If your nanny worked as an independent contractor, she would make all the decisions about television time, where she takes the kids, and when naps would happen without consulting you first. She could also decide to hire someone else to fill in for her on days that she can't make it, without having to consult with you. As an independent contractor she would be responsible for providing supplies, like the stroller and those goldfish, on her own instead of using yours.

According to care.com some nannies can be independent contractors because for example my nanny falls in the above definition. I trust her completely and really have never discussed a schedule or anything with her. I've asked her to provide a service and she does. I ask her to care for the kids, feed and bath them before I get home. I don't tell her exactly how or in what order to do those things. She does them before I get home and everyone is happy. I also don't provide the "tools for the job" for her because she uses her own car to pick up the kids.

You are wrong wrong wrong my dear. The tools mentioned does not only apply to her car. She insuring YOUR home, food, dishes, bath tub etc. she is working for YOU. This would be different if you had a daycare bus picking up your child from school and going to a daycare or after school program until 6:30. But your nanny is doing these things from your home and also you require her to bath and feed the kids. If you ask an after school program to do that for you what do you think they'd say??? Do they feed dinner in asp programs? Nope. You are your nannys boss and she is not an independent contractor just because it's only a few hours per day just because you say she is.

[Anonymous]

Pp here sorry should read
*she is using....* not insuring lol

[Anonymous]

Anonymous wrote:To be considered an independent contractor the worker must not only control the manner in which the work is done, the nature of the job must be such that the employer can't reasonably control the work. So, it doesn't matter how much you trust your nanny, the fact that you reasonabley could dictate the way her work is done means she's an employee.

Many companies hire independent contractors to come to their buildings for X months, clock in and out, follow the break schedule and the routines of the building/employees and do the work assigned as they are instructed. How is that any less control than a nanny might have?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What Is an Independent Contractor?
An independent contractor is hired to perform a job or service for an employer, but the employer has no control over the details of how the services are performed. Generally, an independent contractor provides needed equipment and supplies and is free to make other decisions along those lines. An independent contractor not only controls how the job gets done, but they also have the right to control who does the job, meaning they can hire someone to fill in for them when necessary. Also, contractors don't work regularly for the employer; instead they are hired on an as-needed basis.

If your nanny worked as an independent contractor, she would make all the decisions about television time, where she takes the kids, and when naps would happen without consulting you first. She could also decide to hire someone else to fill in for her on days that she can't make it, without having to consult with you. As an independent contractor she would be responsible for providing supplies, like the stroller and those goldfish, on her own instead of using yours.

According to care.com some nannies can be independent contractors because for example my nanny falls in the above definition. I trust her completely and really have never discussed a schedule or anything with her. I've asked her to provide a service and she does. I ask her to care for the kids, feed and bath them before I get home. I don't tell her exactly how or in what order to do those things. She does them before I get home and everyone is happy. I also don't provide the "tools for the job" for her because she uses her own car to pick up the kids.

You are wrong wrong wrong my dear. The tools mentioned does not only apply to her car. She insuring YOUR home, food, dishes, bath tub etc. she is working for YOU. This would be different if you had a daycare bus picking up your child from school and going to a daycare or after school program until 6:30. But your nanny is doing these things from your home and also you require her to bath and feed the kids. If you ask an after school program to do that for you what do you think they'd say??? Do they feed dinner in asp programs? Nope. You are your nannys boss and she is not an independent contractor just because it's only a few hours per day just because you say she is.

Once again I ask her to do some tasks, she does it, I don't micromanage her like a boss. Just like when Microsoft hires an independent contractor to help code on a program, they don't just say "this is what we need, email it to us when you are done." They would require you to use a company laptop/desktop, come into the building daily form 9-5, attend meetings about the program, etc. You are basically just a short term employee. Just as my nanny is.

[Anonymous]

What are the best local colleges to recruit from? Do you just post on their job boards?

[Anonymous]

Anonymous wrote:What are the best local colleges to recruit from? Do you just post on their job boards?

The ones close to your house. AU has a great job board. No idea of others.

[Anonymous]

Anonymous wrote:Another. In Arlington with the exact same question. I think we need an afterschool nanny to get 5 yr old from school bus at 4pm, get 2 yr old from preschool and get both home. Prepare a snack, we'd be home by 6:30 so thinking 3:30 to 6:30. We'd do homework.

Sound like a real job?
How do people handle those early release days?
Teacher work days?
Do you use payroll service for this.
We both travel on occasion so might offer some later nights but with advanced notice.


OP: I"m not trying to hijack..I suspect our questions are similar.

I'm not an MB I'm a after school nanny but I thought I would tell you how my family does it. I am a part time college student. I provide after school nanny care to a 7 year 9 d 3 days a week (the other 2 days he goes to day care to socialize) from 2 30 to 5 30/6. I fill in the empty spaces in my schedule with babysitting gigs and one elderly client I assist bt my nanny family is my main client.

I pick him up at school and make him a snack when we get home then we do home work and then we play until mom gets home. They tell me about minimum days /early pick up/no school days 2 weeks in advance so I can plan ahead and pick up . If I can't pick him up on a minimum day The family uses day care that day. They use a payroll service to pay me.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Another. In Arlington with the exact same question. I think we need an afterschool nanny to get 5 yr old from school bus at 4pm, get 2 yr old from preschool and get both home. Prepare a snack, we'd be home by 6:30 so thinking 3:30 to 6:30. We'd do homework.

Sound like a real job?
How do people handle those early release days?
Teacher work days?
Do you use payroll service for this.
We both travel on occasion so might offer some later nights but with advanced notice.


OP: I"m not trying to hijack..I suspect our questions are similar.

I'm not an MB I'm a after school nanny but I thought I would tell you how my family does it. I am a part time college student. I provide after school nanny care to a 7 year 9 d 3 days a week (the other 2 days he goes to day care to socialize) from 2 30 to 5 30/6. I fill in the empty spaces in my schedule with babysitting gigs and one elderly client I assist bt my nanny family is my main client.

I pick him up at school and make him a snack when we get home then we do home work and then we play until mom gets home. They tell me about minimum days /early pick up/no school days 2 weeks in advance so I can plan ahead and pick up . If I can't pick him up on a minimum day The family uses day care that day. They use a payroll service to pay me.

And you say you are in college?

[Anonymous]

A nanny who comes to your house to care for your children is definitely NOT an independent contractor. You can do all the amateur legal analysis you want, but the law is very clear here.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What Is an Independent Contractor?
An independent contractor is hired to perform a job or service for an employer, but the employer has no control over the details of how the services are performed. Generally, an independent contractor provides needed equipment and supplies and is free to make other decisions along those lines. An independent contractor not only controls how the job gets done, but they also have the right to control who does the job, meaning they can hire someone to fill in for them when necessary. Also, contractors don't work regularly for the employer; instead they are hired on an as-needed basis.

If your nanny worked as an independent contractor, she would make all the decisions about television time, where she takes the kids, and when naps would happen without consulting you first. She could also decide to hire someone else to fill in for her on days that she can't make it, without having to consult with you. As an independent contractor she would be responsible for providing supplies, like the stroller and those goldfish, on her own instead of using yours.

According to care.com some nannies can be independent contractors because for example my nanny falls in the above definition. I trust her completely and really have never discussed a schedule or anything with her. I've asked her to provide a service and she does. I ask her to care for the kids, feed and bath them before I get home. I don't tell her exactly how or in what order to do those things. She does them before I get home and everyone is happy. I also don't provide the "tools for the job" for her because she uses her own car to pick up the kids.[/quote



You are wrong wrong wrong my dear. The tools mentioned does not only apply to her car. She insuring YOUR home, food, dishes, bath tub etc. she is working for YOU. This would be different if you had a daycare bus picking up your child from school and going to a daycare or after school program until 6:30. But your nanny is doing these things from your home and also you require her to bath and feed the kids. If you ask an after school program to do that for you what do you think they'd say??? Do they feed dinner in asp programs? Nope. You are your nannys boss and she is not an independent contractor just because it's only a few hours per day just because you say she is.

Once again I ask her to do some tasks, she does it, I don't micromanage her like a boss. Just like when Microsoft hires an independent contractor to help code on a program, they don't just say "this is what we need, email it to us when you are done." They would require you to use a company laptop/desktop, come into the building daily form 9-5, attend meetings about the program, etc. You are basically just a short term employee. Just as my nanny is.

WOW! NP here, but I find it fascinating that you allow your nanny to substitute other people whenever she feels like it. I could never trust a stranger to take care of my children.

You realize of course that that is inherent in the employee/independent contractor distinction. And that she sets her own hours? Love that she can just leave the kids alone at any time because she can set her own hours.