Nanny Tax & Payroll Updates! HomeWork Solutions

NannyPalooza 2010 - Nannies Across America

2010-08-25T14:32:00-05:00

HomeWork Solutions is a proud supporter of NannyPalooza - an annual educational and networking event for nannies and nanny supporters (educators, agencies, etc.).

Spearheaded by the National Association for Nanny Care (NANC), NannyPalooza for the last several years has been a destination conference. To achieve their primary goal of improving the overall quality of nanny care, NANC focuses on providing “learn today, use tomorrow” training to the nanny work force. Their annual conference, Nannypalooza, typically brings together nannies from across the country for a unique training and networking weekend. “This year we really wanted to reach out to the nannies who aren’t able to attend a national conference. We wanted to offer them Nannypalooza’s quality training at a low price but within their local communities,” said Sue Downey, NANC Vice-President and Conference Coordinator. “So we transformed Nannypalooza 2010 into Nannies Across America.”

This one-of-a-kind event will be held the weekend of September 18th and 19th and will kick off National Nanny Recognition Week, a week dedicated to bringing attention to the important work nannies do.
A revolutionary approach to a national conference, NANC has helped local organizers create fun and educational events for nannies in 17 major cities plus two virtual classrooms. All the events cost $25 or less and provide at least two workshops on topics ranging from language development, to discipline to working with difficult children. Each event is unique and will speak directly to the community of nannies in that region. This nationwide, collaborative event is a powerful way for nannies, parents and business leaders to stand together and advocate for and support quality nanny care.

HomeWork Solutions is proudly supporting NannyPalooza events in Boston, Atlanta, Cincinnatti, Columbus (OH), Detroit and Houston. To locate an event or contact organizers near you, visit the NannyPalooza Website.

Massachusetts Bans Criminal History Questions from Nanny Job Applications

2010-08-17T08:47:00-05:00

Effective November 12, 2010, families hiring a nanny, elder caregiver or other household employee in Massachusetts may not ask applicants about their possible criminal history on initial job applications.

Common questions such as "Have you ever been convicted of a felony and/or a misdemeanor? or "Have you ever been the subject of a substantiated complaint of child or sexual abuse?" may no longer appear on family or agency job applications.

In theory, lawmakers believe this will prevent employers from screening out applicants solely based on their criminal history, and will enable candidates to explain in person their criminal history.

So where does this leave nanny employers who are legitimately concerned about the background (criminal and otherwise) of the applicant who, if hired, would have sole charge care for their young child?

Experts advise that the law does NOT prohibit you asking about criminal and sex offender history on the initial interview (phone or in person), and further recommend that an additional "Criminal History Questionnaire" be required of all applicants after the initial interview.

But be careful. Massachusetts employers may not, at any time, ask about:

Arrests, detentions, or dispositions that did not result in a criminal conviction

A first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace

Any misdemeanor conviction that is more than five years old, unless the period of incarceration following the conviction ended within the last five years or the person has been convicted of another offense in the last five years.

Quite the minefield for employers? Absolutely. This just reinforces the importance of thorough reference checking and legitimate pre-employment background checking. The Fair Credit Reporting Act requires the signed consent of the applicant and a pending conditional offer of employment before the family (or agency) can order the criminal background check. This will add 2-3 days to the hiring process, a small price to pay for peace of mind.

HomeWork Solutions Inc. partners with 4nannies.com to offer pre-employment background checks to clients hiring without the services of a nanny placement agency. If you hire from Craigslist, any online nanny site, bulletin boards or just word of mouth, parents you are on your own and your children are depending on your due diligence. There is an excellent tip sheet available, 10 Tips: Effective Nanny Screening that we strongly recommend.

If doing it yourself appears less attractive, HomeWork Solutions maintains a list of partner nanny placement and referral agencies on its website - check them out!

Newborn Care Specialists (NCS) to the Rescue!

2010-08-05T08:09:00-05:00

We receive inquiries from overwhelmed moms, dads, and even grandparents looking for short term help with a baby - or babies - when they return home. Sometimes mom has had complications, baby has complications, and often there is more than one baby and no local family to help. When I suggest a Newborn Care Specialist (NCS - formerly referred to as Baby Nurses) I am usually met with a "huh?" I asked a group of NCS to describe briefly the services they provide families. Tonya Sakowicz, Nanny Answers (http://www.babydreamteam.com/) kindly provided the following information:

"A Newborn Care Specialist can be an amazing asset to a new family, whether for a few weeks to get baby sleeping through the night or short-term to help with more challenging circumstances. Did baby arrive early? Or with medical issues? Or did mom have a particularly difficult delivery? A NCS can come in and give mom and dad that extra hand in learning how to care for a preemie (or more than one!) in the real-life environment of home. The NCS usually has experience working with babies with special care needs and medical equipment, and can help mom get the rest she needs to recover when medical complications arise, all the while helping her develop her skills and become competent and confident in her ability to care for her new baby. With skills and training specifically focused on the unique needs of a newborn baby, a Newborn Care Specialist can make all the difference in getting everyone off to a great start."

Thank you Tonya!

Nannies are the family's employee, and the family has legal responsibilities as a result. Learn more about the "nanny tax" and the employer's legal and financial obligations!

Download HomeWork Solutions' free e-Book, the Nanny Payroll Tax Quick Start Guide.

New York Domestic Workers "Bill of Rights" Update

2010-07-15T08:09:00-05:00

NY Governor Patterson (D) signed the legislation (A1470B/S2311E) and the provisions of the bill take immediate effect.

I have some updates and clarification to earlier media reports.

1. Overtime: The bill provides overtime for hours worked over 40 in a week by a live out (come and go) domestic, and overtime over 44 for live in domestics. This does NOT make any change to former law. Federal labor law (FLSA) stipulated overtime for live out domestics since 1974, and NYS law provided the benefit to live ins working over 44 hours a week as long as I have been in the business (predated 1993).

2. The companionship exemption provided in the FLSA is retained in the NYS legislation.

3. Worker's Compensation Insurance and Disability Insurance are still required for household employment when the domestic (nanny, housekeeper) works 40 or more hours on an average week.

4. The NY Commissioner of Labor is directed to report to the governor, the speaker of the assembly and the temporary president of the senate before November 1, 2010 on the feasibility and practicality of allowing domestic workers to organize for purposes of collective bargaining.

5. The domestic worker must have one 24 hour period per week off from work, but may agree to work that 7th day. In this case the 7th day work must be compensated at the overtime rate (apparently no matter the total hours worked in the 7 day week).

6. After one year of service, the domestic is entitled to 3 paid days of leave (sick, vacation, personal, etc.) at the regular rate of compensation.

7. Anti-discrimination provisions are included to protect the nanny from sexual or verbal harassment and abuse.

You can view the text of the legislation here.

New York Domestic Workers Bill Awaiting Gov. Patterson's Signature

2010-07-02T09:13:00-05:00

The New York State Assembly and State Senate have both passed legislation known as the Domestic Worker's Bill of Rights. According to news reports, the legislation that emerged from conference includes standardized work weeks, one day off each week, three paid days off each year and overtime pay.

Overtime pay for hours over 40 in a week is a protection already offered to all live out nannies, housekeepers, and elder care workers under Federal law. The New York law stipulates overtime form hours over 8 worked in a day.

It appears some of the more contentious protections considered, including notice of job loss and employer provided health insurance, were dropped in the conference committee to win passage. Governor Patterson is expected to sign the legislation.

In related news, a New York Times op-ed piece titled Pay your Nanny on the Books, suggests "considering the difficulties in enforcing such laws, families that employ domestic workers must be persuaded to forgo the considerable short-term advantages offered by an under-the-table system...A workplace so ungoverned is the Wild West, rife with temptation for exploitation and abuse. Even laws like the one New York may soon have can be only a first step. Because so many of the workers they are meant to protect are undocumented, few will want to come forward to report violations."