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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]What's a specialty nanny?  ST?  Consultant?  [/quote]

Probably nannies who fall under the category of "companion sitters."  "Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled....Companion sitters who aren't employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes."  IRS Pub. 15A

Most nannies are employees, because the rule is that "an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result."  Another way to put it is "anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed."

A parent who hires a nanny has the right to control what that nanny does and how s/he does it--what to feed a child, what activities the child engages in, what equipment the nanny should use, etc.  So the nanny is an employee.   [/quote]
I'm a nanny who isn't controlled by the parental whims. I let them know how I function and they may hire me for my specific skill set and experience. However, most parents would probably want to maintain control, so I'm definitely not for everyone. But I file as an employee because it's easier for me right now.
[/quote]

So you have the authority to decide everything?  You set your hours?  You bring everything you need?

If not, you're an employee.[/quote]
When I worked as an independent specialty nanny, yes. I also worked with several families every week. So no one had my services on a full-time basis.

Other INA member independent specialty nannies will work full time with families for weeks or months at time, so they'll have a number of clients each year.

You don't know what you're talking about, PP.[/quote]

Actually, I do.  I talked to someone at the IRS, because I had a family give me a 1099.

If you tell the family you will be there on Tuesday and Thursday 8am-6pm or you just show up, you are setting the hours.  If they say they need you on Tuesday and Thursday 8am-6pm, and it fits your schedule, or you negotiate a time that fits both schedules, they set the time.

If you bring a car seat, stroller, books and all of the other paraphernalia you use during the course of your work (not disposable items), you are providing your own tools.  If you don't, they are providing all tools.

If you give them a list of things that you will do (brush teeth, diaper, read), then you set the duties.  If they tell you how to discipline, what time to put the child down for nap, etc. they set the duties.

If they are in charge, you are an employee.  If you choose everything, you are a contractor.  Per the IRS, very very few families are willing to cede total autonomy and control to a childcare provider, and as nannies work in the home, they are not only employees, they are domestic employees.  There's a separate form for employers of domestic employees to fill out for a reason.

Have you ever seen the paperwork that you would have to fill out to dispute whether you are an employee or contractor?  I have.  I had to fill it out three times before that mess was resolved.

Oh, and from what I was told, length of time in a position is irrelevant, as is number of days and hours per week.  The only things that matter are the three criteria above.[/quote]

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