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[quote=Anonymous]OT and taxes are governed by state and federal employment law. The nanny has recourse on this whether she has a contract or not.

A contract from a legal standpoint protects the family more than the nanny. The family has a documented record of the actual base and OT to protect themselves against a nanny years later trying to claim the average rate she negotiated was actually her base. The employer can include both specific and more general expectations. If the nanny doesn't meet these they are well protected firing her for cause and not using the notification period stipulated for letting her go for issues other than cause.

From the nannies standpoint, a contract or work agreement helps her more from the standpoint of having elements of the job clarified. Unless you are planning on being intentionally manipulative and not bringing up any perks with hopes to get them later, the contract is the perfect place to get everything spelled out in terms of PTO, holidays, vacation, vaccine requirements, mileage reimbursement, food/drink etc et.

Nannies are better off being employees rather than a service provider under a contract. As an employee you will be fired for doing a bad job but your employer can't sue you for back wages because even though you were there, you didn't complete the full service. [/quote]

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