Is a Nanny Agreement Required in New York?
When it comes to employing a nanny in New York, one of the key questions many families face is whether a nanny agreement is required. Having a nanny agreement in place is highly recommended to make sure that both parties have the same expectations about the role. In New York, the nanny agreement should come in the form of an employee offer letter, instead of a formal employment agreement.
Getting Started
Effective communication with your potential nanny is just as crucial as the written agreement. Invest time in building a strong rapport, fostering mutual understanding, and reaching a clear agreement about the prospective job. Meet with your prospective nanny to discuss the details and to get to know each other better before entering into the agreement.
What Should a Nanny Offer Letter Include?
- Basic Information: Outline details such as start date, members of the family, children that are to be cared for, locations (such as home, school, daycare, etc.) and who to contact in the event of an emergency. For example, this might include parents’ work addresses, work phone numbers as well as an emergency contact outside of the immediate family.
- Job Responsibilities: Clear details on what tasks the nanny will be responsible for, such as childcare and your specific preferences. This section may also include light housekeeping or meal preparation depending on what has been agreed upon.
- Work Hours and Schedule: Specifics on the days and hours the nanny will work, as well as any expectations for flexibility. This may also include specific times such as naps, feeding schedules, dropping/picking up from school or daycare, and after school programs or extra-curricular programs like swimming or tutoring.
- Compensation: The agreed-upon salary or hourly rate, payment schedule, overtime, and any additional benefits (like paid time off or health insurance). This may also include an annual raise.
- Family Priorities and Household Rules: Guidelines on how you expect the nanny to handle various situations, including discipline and screen time. It may also include information regarding health, diet, and allergy information.
- Check-ins and Evaluations: Establish a time to set aside to meet with the nanny to discuss and resolve any issues that may have arisen. Also establish a time (once per year) to meet and review or amend the agreement as necessary.
- Confidentiality and Privacy: Expectations regarding the confidentiality of personal information and privacy obtained about the family while working within the home. This might include medical, financial, or legal information. It may also include your preference for your child’s image to be shared on social media. Additionally, this section may include a disclaimer about the use of surveillance technology in the home.
- Termination: Terms for ending the employment, including notice periods and severance (if applicable).
- Legal Considerations: Compliance with employment laws, including wage and hour regulations, tax withholding, and any other legal requirements.
Do I need to pay my nanny overtime?
Yes, under federal, state, and New York City law, nannies are considered non-exempt employees. That means generally, nannies must be paid at least minimum wage and overtime if they exceed a certain number of hours per week.
What other employment obligations are nannies owed?
As employees, nannies are entitled to other legal rights. You must comply with various rules, including written employment notices, workers’ compensation insurance, disability insurance, paid family leave, paid safe and sick leave, paid time off, discrimination laws, and sexual harassment prevention.
Any further questions?
If you need assistance reviewing or drafting a nanny offer letter, an experienced attorney can assist you.
Contributions to this blog by Taylor Blicht.
