Hiring a nanny, what is negotiable?

[Anonymous]

Salary, benefits, PTO? help!

[Anonymous]

The only things that are legally non-negotiable are SSN/Med tax (you pay half as the employer and withhold the other half as her employee portion) and minimum wage. Everything else such as any amount above minimum wage, vacation, PTO or holidays is negotiable.

[Anonymous]

Exactly. However elements that are most common will be toughest to negotiate a difference on with good candidates

[Anonymous]

Anonymous wrote:The only things that are legally non-negotiable are SSN/Med tax (you pay half as the employer and withhold the other half as her employee portion) and minimum wage. Everything else such as any amount above minimum wage, vacation, PTO or holidays is negotiable.

OT after 40 hrs is not negotiable. Federal law.

[Anonymous]

Anonymous wrote:
The only things that are legally non-negotiable are SSN/Med tax (you pay half as the employer and withhold the other half as her employee portion) and minimum wage. Everything else such as any amount above minimum wage, vacation, PTO or holidays is negotiable.

OT after 40 hrs is not negotiable. Federal law.

Yes, for live out nannies. Federal law on OT only applies to live out nannies. Most states do not extend OT to live ins but some do so you should always check. I think MD is one of them.

You also have to pay a nanny as an employee not an independent contractor. Nannies must be paid by the hour. You can always negotiate salary in terms of average rate or weekly gross/schedule but in your contract you need to stipulate the base rate (lower than the average) and the OT rate (higher than the average).

Nannies tend to negotiate and expect to be more like salaried employees than hourly employees but to protect yourself make sure you work everything back into an hourly base and OT rate in the contract.

[Anonymous]

You still have to pay a live-in for all hours worked. If she is on duty 55 hrs. Per wk., and sheis paid $10.00/hr, you pay $550 not just for 40hours perweek. Also, hourly employees may NOT be given comp time in lieu of being paid.

[Anonymous]

Also, hourly employees may NOT be given comp time in lieu of being paid.

To clarify, hourly employees can be given comp time but only within the same pay period. Hourly employees are only required to be paid for hours worked. If the nanny normally works 40 hours, 8 hours a day 5 days a week and on Monday works 9 hours, the employer can give her comp time so that she can leave an hour earlier on one of the following days. The nanny is paid for 40 hours because 40 hours were worked.

OT also only applies to hours worked not guaranteed hours where the employee doesn't actually work. Holidays and vacation only count as 8 hours.

[Anonymous]

Other than salary the items negotiable would be duties expected beyond childcare such as child laundry, cooking, light housekeeping of areas used with child.