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[quote=Anonymous][quote=Anonymous]Good grief lawyers and those who just play them on TV are so annoying and not helpful to the OP.

I agree that work agreement is a better term than contract simply because people associate the term contract to have meanings that are in conflict with employment regulations. The important things to remember is that the nanny is an at-will employee. She can quit at any time and you can fire her at any time. The notifications periods for termination without cause or quitting are there for mutual communication and expectation setting, not enforceable but a good tool when both parties are in good standing with each other. As an employee not a service provider via contract, she must be paid for all hours worked. If someone on a service contract shows up at your house and doesn't do the job, you can not pay them. If the nanny shows up but isn't performing her tasks you can fire her but you still have to pay for the hours when she was working but not performing well.

*Include the actual base and OT rate. Its fine to negotiate in terms of average hours or a set weekly amount but make sure to document the actual base and OT rate in the contract. Include the schedule. 
*Write out the paid holidays. Don't just say all federal holidays if you aren't a fed. Too many people are surprised by Veterans or Columbus day when the feds are closed but your office is open. Too many nannies are surprised if they don't get the day after Thanksgiving off because its not a federal holiday.
*For the standard two week vacation, one of your choosing and one of hers include a 2-4 week notification period. This allows you both to make plans and maximize the vacation time. It also protects you against a nanny who will request a week and then try to change it once she knows you have plans hoping to get an extra week off. It protects the nanny too so she doesn't make travel plans and then lose out.
*Raises and bonuses should not be included as guaranteed, they are merit driven and written at employer's discretion.
*Include any requirements CPR certifications, staying up on vaccinations etc. 
*include an inclement weather policy
*Mileage reimbursement if she is driving your kids in her vehicle. 
*Write out whether PTO is available at once, in chunks or accrued.

Other things are best left out of the contract and handled through communication as kid's needs change. There is no point in writing what food baby should eat as this will change. If you are very detail oriented you can create a home manual and log where you can leave specifications for your nanny and she log things. We created a loose one with neighbor's numbers, places to go, favorite foods etc. Hope this helps.

[/quote]

Attorney here.  Some of this--regarding things that should be included in a nanny contract--is good advice.  However, it is not accurate to say that all nannies are at will employees and it is not accurate to say that the notice period in a nanny's contract is unenforceable.  As mentioned in a prior post, in most jurisdictions, a nanny who breaches the term or notice requirement in an executed contract or work agreement (there is no practical difference) won't be required to stay on the job, but if the parents bother to sue, most jurisdictions will hold her liable for extra costs that they incur as a result of her failure to honor the notice or term provision.  This is why it is advisable for a nanny who wants out of her contract to ask the parents respectfully to release her rather than leaving them high, dry, and ticked off enough to sue.

As for why the lawyers on here are unwilling to help OP, we've already confirmed common legal knowledge:  nanny agreements are enforceable on the same terms as other employment contracts and "work agreements."  The case citations that OP has requested would require information about the state in which the nanny contract at issue was executed, along with time-consuming legal database research.  If OP wants this done pro bono, she should find a charitable legal service in her home state--and try to be a little less obnoxious while requesting free help.[/quote]

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