Reply to Hiring a nanny, what is negotiable?

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[quote=Anonymous][quote]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.[/quote]
[quote]OT after 40 hrs is not negotiable. Federal law.[/quote]

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. [/quote]

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