Why Legal Nanny Employment Matters  - for nannies

24.07.25 08:11 AM - By Felicia Sutherland

Being a nanny means you do much more than just care for kids, you help families thrive. But did you know that how you’re paid can shape your financial future, your legal rights, and even your peace of mind?
Let’s talk about why being paid “on the books” isn’t just a formality, it’s one of the most important steps you can take for your security and long-term success.

What It Means to Be a Legally Employed Nanny

Here’s what matters: If you earn $2,800 or more from one family in 2025, you must be paid as a legal employee.

It doesn’t matter if it’s full-time, part-time, or temporary. If you hit the threshold, you’re an employee—not an independent contractor (Care.com, Nanny.org).

What Legal Employment Gives You
    • W-2 employment status (not a 1099)
    • Taxes withheld from each paycheck: Social Security, Medicare, and income taxes
    • Unemployment insurance—if you’re let go (not for cause), you can collect unemployment pay
    • Access to Social Security and Medicare for your future
    • Clear record of employment for credit, loans, rentals, and health coverage
    • Trying to skip these steps? It’s not worth it. Misclassifying a nanny as an independent contractor is illegal, even if they’re part-time or paid in cash.

    Trying to avoid “the paperwork”?
    It’s not worth it. Cash pay or “off the books” jobs might sound easy, but you miss out on protections and rights you deserve.

    💡 “But my job is only a few hours a week.”
    If you meet the yearly pay threshold, the law applies to you—period.

Risks of Accepting Cash or Off-the-Books Jobs
    • No unemployment benefits—if you’re laid off, there’s no safety net

    • No Social Security or Medicare—no credits for retirement or future health care

    • No proof of income—which means no loans, rentals, or healthcare subsidies

    • No legal protection for paid leave, workplace injuries, or disability

    • Potential tax penalties if you or the family are audited

The Upside of Being Paid Legally
  • Unemployment pay if you lose your job (as many did during the pandemic)
  • Eligibility for state-mandated benefits like sick leave or paid time off
  • Proof of income for everything from car loans to renting an apartment
  • Credit for Social Security and Medicare (future security)
  • Professional reputation—it’s easier to show your experience and references 
What You Gain By Paying Legally
  • W-2 employment status for your nanny
    • Unemployment insurance if they’re laid off
    • Access to Social Security and Medicare benefits for your caregiver
    • Clear financial history for credit cards, loans, and insurance
    • More confidence and professionalism in your relationship

    Honest Care Nanny’s Take

    We know legal pay can seem complicated, or even intimidating. But at Honest Care Nanny, we’re here to make it clear, simple, and fair for everyone.

    At Honest Care Nanny, we:
    • Educate both parties on legal employment
    • Help families set up compliant payroll systems
    • Encourage nannies to advocate for their rights
    • Share tools, checklists, and resources so everyone knows what to expect

    When you stand up for legal pay, you’re investing in yourself, and the families who value you.

    Sources & Further Reading
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    Felicia Sutherland