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[quote=Anonymous][quote]How do 2 different families, at different addresses, become a single employer? Do they form an LLC or something? If so, whose legal address goes on those documents, and on all the employer tax documents? How do 2 families as a single entity use the childcare tax credits? I'm not trying to be snarky, I am just trying to get folks to look at this logically.[quote]

1. The work agreement is signed by the nanny and the two employers. The work agreement defines the aspects of the job. The hours, gross hourly wage, location, expectations, PTO, defines holidays, inclement weather policies etc. A work agreement is not a contract. Legally these are different documents. The nanny is always an at will employee. The work agreement is for one job. The employers and nanny can stipulate in the work agreement what happens when the share ends.

2. Both employers set up an employer tax ID and manage payroll for their portion. They both withhold employee taxes, pay employer taxes, and file. The nanny receives 2 W-2s for her taxes. There is no requirement that the employer gross wage be above minimum wage as long as the job itself is a gross wage above minimum wage.

3. If one employer fails to pay, the nanny is harmed individual and has the right to take them to small claims court. The nanny can also report them to the state employment agency. The state employment agency would fine the employer that didn't pay. If the other employer knowingly continued knowing that their was no longer a join employer then that employer would be responsible. For example, if the share dissolved and the nanny stay on until a new joint employer was found, the remaining employer would be responsible for paying minimum wage.

Its not that hard a concept. Joint employment occurs in other fields. Employment law allows more than one employer to exist for one job which is the basic concept underlying a share. [/quote]

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