Nanny Your Own Family Legally? State Guide

The question of "can you nanny your own family" often arises for relatives providing childcare, particularly when exploring avenues such as claiming the Child and Dependent Care Tax Credit, which can significantly offset expenses. The IRS stipulates specific requirements for qualifying childcare expenses, influencing whether payments to family members are eligible. State laws further complicate this issue; for example, California’s labor regulations impact whether a family member providing regular childcare is considered a household employee, requiring adherence to wage and hour laws. Considering these factors, families frequently seek guidance from resources like the National Domestic Workers Alliance to understand their rights and responsibilities.

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. This section aims to clarify the core tenets of household employment, setting the stage for a deeper dive into its intricacies.

Defining Household Employment: More Than Just Hiring Help

At its core, household employment involves employing someone to perform domestic services within a private residence. This arrangement transcends a simple transaction; it establishes a formal employer-employee relationship with attendant legal responsibilities.

The legal definition pivots on the employer’s control over what work is done and how it is performed. If you dictate the specifics of the job, you’re likely an employer, not simply engaging an independent contractor.

Scope of Coverage: Who Qualifies as a Household Employee?

The scope of household employment extends beyond the stereotypical image of a nanny. It encompasses a variety of roles, each with unique responsibilities and implications under the law.

Typical roles include, but are not limited to:

• Nannies: Providing childcare services.
• Caregivers: Assisting with the elderly or individuals with disabilities.
• Housekeepers: Maintaining the cleanliness and order of the home.
• Private Chefs: Preparing meals for the household.
• Personal Assistants: Handling various tasks for the employer.
• Gardeners/Landscapers: Maintaining the property’s exterior.

It is essential to determine whether the individual performing these services meets the legal criteria for a household employee rather than an independent contractor.

The Paramount Importance of Compliance

Compliance with labor laws and tax regulations is non-negotiable in household employment. Failing to meet these obligations can result in significant legal and financial repercussions.

Potential consequences of non-compliance include:

• Back Taxes and Penalties: Unpaid payroll taxes can accrue substantial penalties and interest.
• Legal Action: Employees may file lawsuits for unpaid wages, overtime, or other labor violations.
• Reputational Damage: Negative publicity can harm your personal and professional reputation.
• Criminal Charges: In egregious cases, employers may face criminal charges for tax evasion or labor law violations.

Moreover, compliance ensures fair treatment of household employees, fostering a positive and respectful working environment. This includes paying fair wages, providing necessary benefits, and adhering to labor standards.

Common Misconceptions: Separating Fact from Fiction

Several misconceptions often cloud the understanding of household employment, leading to unintentional non-compliance.

Common myths include:

• "Paying in cash means I don’t have to pay taxes." False. Cash payments do not absolve employers of their tax obligations.
• "My employee is an independent contractor because they work for other families." Not necessarily. The degree of control you exert over the work is the determining factor.
• "I only need to worry about federal laws." False. State and local laws often have additional requirements.
• "It’s too complicated to comply with all the regulations." While complex, numerous resources and professionals are available to assist with compliance.

By dispelling these myths and gaining a clear understanding of the legal framework, employers can navigate household employment with confidence and integrity.

Key Players: Who’s Involved in Household Employment?

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. This section aims to clarify the core tenets of household employment, specifically who the involved parties are and the roles they play.

Let’s unpack the essential stakeholders that make the system of household employment functional and lawfully compliant.

Parents/Employers: The Foundation of Legal Compliance

Parents or employers form the cornerstone of household employment. They are not merely hiring help; they are entering into a legal relationship with specific obligations.

These obligations include:

• Paying fair wages that meet or exceed minimum wage laws and overtime regulations.
• Managing and remitting payroll taxes, which encompass federal and state income taxes, Social Security, and Medicare.
• Ensuring legal compliance with all applicable labor laws, including those related to paid time off and sick leave.

Failing to meet these obligations can result in significant legal and financial penalties.

Children/Dependents: The Beneficiaries of Due Diligence

While not direct participants in the legal employment relationship, children or dependents are significant beneficiaries. Compliance with labor laws ensures that caregivers are properly vetted, trained, and fairly compensated.

This results in:

• Higher quality of care.
• Enhanced safety and well-being for the children or dependents.
• Reduced risk of legal liabilities related to negligent care.

Ethical treatment of household employees translates directly into better care for your loved ones.

Tax Professionals/Accountants: Navigating the Fiscal Labyrinth

The tax implications of household employment can be intricate. This is where the expertise of tax professionals and accountants becomes invaluable.

They can assist with:

• Properly calculating and remitting taxes.
• Identifying eligible tax credits and deductions, such as the Child and Dependent Care Tax Credit.
• Ensuring compliance with federal and state tax regulations, minimizing the risk of audits or penalties.

Engaging a qualified tax professional is an investment that can save time, money, and stress.

Employment Lawyers/Labor Law Attorneys: Guardians of Legal Boundaries

Understanding the legal landscape is crucial. Employment lawyers and labor law attorneys play a vital role in ensuring that employers are aware of their obligations.

They can provide guidance on:

• Drafting legally sound employment agreements.
• Navigating complex labor laws.
• Addressing any legal disputes that may arise.

Seeking legal counsel can provide peace of mind and protect employers from potential legal pitfalls.

Household Employer Experts: Specialized Support

These professionals specialize in the unique legal landscape of household employment. They offer focused expertise that general HR professionals may lack.

Their services include:

• Assistance with setting up payroll systems.
• Ensuring compliance with specific industry regulations.
• Providing ongoing support and guidance on HR-related matters.

They can be an invaluable resource for employers seeking comprehensive support.

Financial Advisors: Strategizing for Long-Term Financial Health

Childcare costs can significantly impact household finances. Financial advisors can provide guidance on:

• Budgeting for childcare expenses.
• Maximizing tax benefits and credits.
• Planning for long-term financial goals while managing childcare costs.

Their expertise ensures that childcare decisions align with overall financial well-being.

Insurance Agents: Protecting Against Unforeseen Risks

Household employment introduces potential liabilities. Insurance agents can help employers obtain the necessary coverage.

This includes:

• Workers’ compensation insurance, which covers medical expenses and lost wages for employees injured on the job.
• Liability insurance, which protects against claims of negligence or property damage.

Proper insurance coverage is essential for mitigating financial risks associated with household employment.

Navigating the Legal Landscape: Federal, State, and Local Laws

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. This section aims to demystify the geographical and jurisdictional aspects of household employment law, emphasizing the critical variations that exist across different locations.

The Labyrinth of State Regulations: 50 United States, 50 Sets of Rules

The United States operates under a federal system, which means that while some employment laws are consistent nationwide, many others are determined at the state level. This creates a patchwork of regulations that can be challenging to navigate. Ignoring these state-specific nuances can lead to unintentional non-compliance, resulting in costly penalties and legal issues.

Each of the 50 states has its own distinct set of labor laws governing aspects such as minimum wage, overtime pay, paid time off, and workers’ compensation. For instance, a state might have a minimum wage higher than the federal minimum wage, thereby superseding the federal standard.

Similarly, regulations regarding paid sick leave or mandatory rest breaks can vary significantly from state to state, or not exist at all. Understanding these differences is paramount.

It’s the employer’s responsibility to be aware of and comply with the specific laws of the state in which the household employee is working. This requires diligent research and a proactive approach to legal compliance.

Beyond State Lines: The Influence of Cities and Counties

The complexity doesn’t end at the state level. Many cities and counties have enacted their own ordinances that further regulate household employment within their jurisdictions. These local laws can address issues such as fair workweek standards, which mandate predictable scheduling and compensation for schedule changes, or they may supplement state laws on paid leave.

For example, a city might have a higher minimum wage than both the state and federal levels, or it might require employers to provide more generous paid sick leave benefits than the state mandates. Therefore, employers must be aware of not only the state laws but also any additional requirements imposed by the city or county in which they reside.

This necessitates a multi-layered approach to legal research, going beyond state resources to explore local government websites and legal databases. Failure to consider local ordinances can lead to unintentional violations and legal repercussions.

Federal Oversight: The Role of Washington, D.C.

While state and local laws play a significant role, federal laws also govern household employment. Federal agencies like the Internal Revenue Service (IRS) and the Department of Labor (DOL) set standards for taxation, payroll, and workplace safety.

The IRS, for instance, provides guidelines on how to properly classify a household employee, calculate and withhold taxes, and report wages. The DOL enforces federal labor laws, including minimum wage, overtime, and anti-discrimination statutes.

It is crucial to understand these federal requirements as they form the baseline for compliance, often complemented and expanded upon by state and local regulations. Compliance with federal laws is non-negotiable and serves as the foundation for a legally sound household employment arrangement.

Unearthing Local Requirements: A Practical Guide

Given the multi-layered nature of household employment law, finding the specific requirements for your location can seem daunting. However, with the right resources and strategies, it is possible to navigate this complex landscape effectively.

• State Labor Department Websites: These websites are invaluable resources for understanding state-specific labor laws, minimum wage rates, overtime rules, and other employment-related regulations.

• City and County Government Websites: Check the official websites of your city and county for local ordinances related to employment, minimum wage, paid leave, and other workplace standards.

• Legal Databases and Online Resources: Use online legal databases and resources like Nolo or FindLaw to research state and local laws related to household employment.

• Professional Legal Advice: Consider consulting with an employment lawyer or tax professional who specializes in household employment law. They can provide personalized guidance and ensure compliance with all applicable laws and regulations.

By adopting a proactive approach to legal research and seeking professional advice when needed, household employers can successfully navigate the complex legal landscape and ensure compliance with all applicable federal, state, and local laws.

Core Concepts: Understanding Your Responsibilities as a Household Employer

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. This section delves into the fundamental concepts that define your role and responsibilities as a household employer.

Defining Household Employment: More Than Just Hiring Help

At its core, household employment involves hiring someone to perform domestic services within your private residence. This encompasses a wide array of roles, from nannies and caregivers to housekeepers and personal chefs. The critical factor is the employer-employee relationship, where you, as the homeowner, direct and control the work performed.

This distinction is vital, as it triggers a series of legal and financial obligations that are often overlooked, leading to potential penalties and liabilities. Failing to recognize this employer-employee relationship can have serious consequences.

Wages, Minimums, and Overtime: Fair Compensation is the Foundation

Establishing fair and legal compensation is paramount. This involves understanding and adhering to both federal and state minimum wage laws.

Minimum wage laws set the floor for hourly compensation, and employers must be aware of the higher of the federal or state minimum wage applicable in their location. Overtime pay is typically required for hours worked beyond 40 in a workweek, usually calculated at 1.5 times the regular hourly rate.

It is vital to accurately track hours worked and pay accordingly, documenting all wages paid. Best practices include providing regular pay stubs that detail earnings, deductions, and hours worked.

Taxes: A Comprehensive Guide to Payroll and Income Obligations

Household employers are responsible for a complex web of tax obligations, including both payroll and income taxes.

Payroll taxes include Social Security and Medicare taxes (FICA), which are typically split between the employer and employee, as well as federal and state unemployment taxes (FUTA and SUTA). Income tax withholding involves deducting a portion of the employee’s wages to prepay their federal and state income taxes.

Accurate record-keeping is crucial for reporting and remitting these taxes to the appropriate government agencies. Many employers find it beneficial to utilize payroll services or consult with tax professionals to navigate these complex requirements.

Payroll Management: A Step-by-Step Process

Managing payroll involves a series of critical steps to ensure accuracy and compliance. This includes:

• Calculating gross wages and applicable deductions.
• Withholding and remitting payroll taxes.
• Providing employees with timely and accurate pay stubs.
• Filing payroll tax returns with the IRS and state tax agencies.
• Maintaining detailed payroll records for at least three years.

Leveraging payroll software or engaging a professional payroll service can significantly simplify this process.

Labor Laws: Beyond Wages – Breaks, Safety, and More

In addition to wage and hour laws, household employers must comply with other labor standards, such as providing meal and rest breaks. Depending on the state, specific regulations may dictate the length and frequency of these breaks.

Ensuring a safe and healthy work environment is also a critical responsibility. This includes taking reasonable precautions to prevent accidents and injuries.

Contracts: Formalizing the Employment Relationship

A well-drafted employment agreement serves as a cornerstone of a healthy employer-employee relationship. This legally binding document outlines the terms and conditions of employment, protecting both parties.

Key elements of an employment agreement include:

• Job description and responsibilities
• Wage rate and payment schedule
• Work schedule and hours
• Paid time off and sick leave policies
• Termination procedures
• Confidentiality clauses (if applicable)

Consulting with an employment lawyer to create a customized agreement is highly recommended.

Minimum Wage: Knowing the Current Standards

Both the federal and state governments establish minimum wage standards. Household employers must comply with the higher of the two. State minimum wage laws can exceed the federal rate, so it’s essential to check your state’s specific requirements.

Regularly review minimum wage laws, as they can change annually.

Overtime Pay: When and How to Calculate It

Federal law requires overtime pay for non-exempt employees who work more than 40 hours in a workweek. Overtime is typically calculated at 1.5 times the employee’s regular hourly rate. Some states have stricter overtime laws, so it’s crucial to understand your state’s specific rules.

Accurately tracking hours worked is essential for calculating overtime pay correctly.

Paid Time Off (PTO): Offering and Managing Leave

Providing paid time off, including vacation, sick leave, and holidays, is a common practice that can enhance employee morale and retention. While not always legally mandated, offering PTO is often seen as a best practice.

However, some states and localities have enacted laws requiring employers to provide paid sick leave. It’s crucial to research your state and local laws regarding PTO and sick leave to ensure compliance.

Workers’ Compensation: Protecting Against Workplace Injuries

Workers’ compensation insurance provides coverage for employees who suffer job-related injuries or illnesses. In many states, household employers are required to carry workers’ compensation insurance if they employ someone for a certain number of hours per week.

This insurance covers medical expenses and lost wages resulting from workplace incidents. Failure to obtain workers’ compensation insurance when required can result in significant fines and legal penalties.

Unemployment Insurance: Providing a Safety Net

Unemployment insurance provides temporary financial assistance to employees who lose their jobs through no fault of their own. Household employers are generally required to pay state unemployment taxes (SUTA), which fund these benefits.

When an employee is terminated (without cause) or laid off, they may be eligible to file for unemployment benefits.

Tax Credits and Deductions: Reducing Your Childcare Costs

Several tax benefits are available to household employers who hire caregivers for their children or other dependents. The Child and Dependent Care Tax Credit allows eligible taxpayers to claim a credit for a portion of the expenses they pay for childcare.

Dependent Care Flexible Spending Accounts (FSAs) allow employees to set aside pre-tax dollars to pay for qualified childcare expenses. Understanding and utilizing these tax benefits can significantly reduce the overall cost of household employment.

Legal Compliance: A Continuous Obligation

Legal compliance is not a one-time event but rather an ongoing responsibility. Laws and regulations are subject to change, so it’s essential to stay informed and adapt your practices accordingly.

Subscribing to industry newsletters, consulting with legal professionals, and utilizing reputable payroll services can help ensure continuous compliance.

Independent Contractor vs. Employee: A Critical Distinction

Misclassifying an employee as an independent contractor is a common mistake that can have serious legal and financial repercussions. The IRS and state labor agencies have specific criteria for determining whether a worker is an employee or an independent contractor.

Generally, if you control the work performed and direct how it is done, the worker is likely an employee. Misclassification can result in significant back taxes, penalties, and legal liabilities.

Employer Identification Number (EIN): When and How to Obtain One

An Employer Identification Number (EIN) is a unique tax identification number assigned by the IRS. Household employers generally need an EIN to report and pay employment taxes. You can easily apply for an EIN online through the IRS website.

Key Organizations: Navigating the Regulatory Landscape of Household Employment

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. To navigate this landscape successfully, familiarizing oneself with key organizations and their respective roles is paramount.

This section sheds light on these pivotal entities, elucidating their responsibilities and providing guidance on how to effectively interact with them.

Internal Revenue Service (IRS): Your Federal Tax Authority

The IRS, the federal government’s tax collection agency, plays a central role in household employment. As a household employer, you are responsible for withholding and remitting federal taxes on behalf of your employee.

Navigating the IRS can feel daunting, but understanding your obligations is crucial to avoid penalties.

Key IRS Responsibilities for Household Employers:

• Withholding Federal Income Tax: You are responsible for withholding federal income tax from your employee’s wages based on their W-4 form.
• Paying Social Security and Medicare Taxes: As a household employer, you must pay employer and employee portions of Social Security and Medicare taxes if you pay cash wages of $2,600 or more in 2023.
• Filing Form 941 (Employer’s Quarterly Federal Tax Return): You will use Schedule H along with Form 1040, not Form 941. Schedule H reports household employment taxes.
• Issuing Form W-2 (Wage and Tax Statement): By January 31st of each year, you must provide your employee with Form W-2, summarizing their earnings and taxes withheld.
• Compliance with Federal Tax Laws: Staying abreast of changes in federal tax laws and regulations is essential.

The IRS provides numerous resources to assist household employers, including Publication 926, Household Employer’s Tax Guide. This guide offers detailed information on your tax obligations and how to comply with them.

State Tax Agencies: Understanding Your State’s Requirements

In addition to federal taxes, household employers are typically subject to state taxes. These taxes vary significantly from state to state, so it is imperative to understand your specific state’s requirements.

State tax agencies oversee the collection of state income tax, unemployment insurance tax, and other applicable levies.

Key State Tax Agency Responsibilities for Household Employers:

• Withholding State Income Tax: Most states require you to withhold state income tax from your employee’s wages.
• Paying State Unemployment Insurance Tax: You may be required to pay state unemployment insurance tax, which provides benefits to workers who lose their jobs through no fault of their own.
• Following State Tax Laws: Each state has its own set of tax laws and regulations. You must familiarize yourself with these laws to ensure compliance.
• State-Specific Forms: Many states have unique forms that you must file to report and pay state taxes.
• Registering as an Employer: States may require you to register as a household employer to remit taxes.

Each state’s tax agency provides resources on their website detailing employer responsibilities. Regularly check your state’s agency website for updates.

Department of Labor (DOL): Federal Labor Law Enforcement

The U.S. Department of Labor (DOL) enforces federal labor laws, including those pertaining to minimum wage, overtime pay, and other employment standards.

While many federal labor laws apply to household employment, it’s crucial to understand which ones are applicable and how to comply with them.

Key DOL Responsibilities for Household Employers:

• Minimum Wage Compliance: Ensuring that your employee is paid at least the federal minimum wage (or the applicable state minimum wage, if higher).
• Overtime Pay Compliance: Paying overtime at a rate of one and a half times the employee’s regular rate of pay for hours worked over 40 in a workweek if applicable to the role.
• Recordkeeping Requirements: Maintaining accurate records of wages, hours worked, and other employment information.
• Fair Labor Standards Act (FLSA): Understanding how the FLSA applies to household employment, particularly concerning exemptions and specific roles.
• Worker Classification: Correctly classifying workers as employees versus independent contractors.

The DOL website provides comprehensive information on federal labor laws and regulations.

State Departments of Labor: State-Level Labor Law Enforcement

Similar to the federal DOL, state departments of labor enforce state-specific labor laws. These laws may differ from federal laws in areas such as minimum wage, overtime, paid time off, and other employment standards.

Understanding the nuances between federal and state labor laws is vital.

Key Responsibilities of State Departments of Labor:

• Enforcing State Labor Laws: Investigating and resolving complaints related to wage and hour violations, workplace safety, and other labor law issues.
• Providing Guidance to Employers: Offering resources and assistance to employers to help them comply with state labor laws.
• Setting State-Specific Standards: Establishing state minimum wage rates, overtime rules, and other employment standards that may be more stringent than federal laws.
• Handling Labor Disputes: Mediating and resolving labor disputes between employers and employees.
• Promoting Workplace Safety: Ensuring that workplaces are safe and healthy for employees.

Each state’s Department of Labor maintains a website with detailed information on state labor laws and regulations.

Insurance Companies: Protecting Against Risks

Insurance is a critical component of responsible household employment. Having the right insurance coverage can protect you from financial losses due to accidents, injuries, or other unforeseen events.

Workers’ compensation insurance is often a requirement, but liability and other coverages offer further protection.

Key Insurance Considerations for Household Employers:

• Workers’ Compensation Insurance: Provides benefits to employees who are injured on the job. Many states require household employers to carry workers’ compensation insurance.
• Liability Insurance: Protects you from financial losses if your employee causes property damage or bodily injury to a third party.
• Unemployment Insurance: Provides benefits to employees who lose their jobs through no fault of their own. You may be required to pay state unemployment insurance tax.
• Understanding Coverage Options: Working with an insurance agent to assess your specific needs and obtain appropriate coverage.
• Complying with State Requirements: Ensuring that you meet all state-mandated insurance requirements for household employers.

Consult with an insurance professional to determine the specific types and levels of coverage you need. They can help you navigate the complex world of insurance and ensure that you are adequately protected.

By understanding the roles and responsibilities of these key organizations, household employers can navigate the regulatory landscape with greater confidence and ensure compliance with all applicable laws and regulations.

Essential Tools & Resources: Simplify Household Employment Management

Household employment, while seemingly straightforward, operates within a complex web of legal and financial considerations. Understanding its nuances is not merely advisable; it’s a necessity for both employers and employees to ensure fair labor practices and legal compliance. To navigate these complexities effectively, a suite of essential tools and resources can prove invaluable. This section will explore those resources and explain how they can streamline household employment management and ensure adherence to all relevant regulations.

Payroll Software: Automating Compliance

Payroll software is arguably the most critical tool for any household employer. Services like Gusto, ADP, and Paychex are designed to automate payroll processing, tax calculations, and compliance reporting.

These platforms offer features such as:

• Automated tax withholding and payments.
• Direct deposit to employee bank accounts.
• Generation of pay stubs and W-2 forms.
• Compliance alerts for changes in tax laws.

By using payroll software, employers can significantly reduce the risk of errors and penalties associated with manual payroll management.

Choosing the right software depends on the employer’s specific needs and budget. Some platforms offer more comprehensive features than others, such as HR support and benefits administration.

Tax Calculators: Estimating Liabilities

Tax calculators are essential for estimating tax liabilities and planning financial budgets. These tools provide insight into the amount of taxes that need to be withheld from employee wages.

Accurate estimates prevent underpayment or overpayment of taxes, helping employers and employees avoid surprises during tax season. The IRS website offers several free tax calculators, but many online resources also provide specialized calculators for household employment.

State Labor Law Websites: Navigating Regulations

Each state has its own set of labor laws that govern household employment. These laws can vary significantly from federal regulations. Therefore, employers must familiarize themselves with the specific requirements of their state.

State labor law websites are valuable resources for accessing information on minimum wage, overtime pay, paid time off, and other employment standards.

These websites usually offer guides, fact sheets, and contact information for state labor agencies.

IRS Publications: Official Guidance

The IRS provides extensive guidance on household employment taxes through its publications. Publication 926, "Household Employer’s Tax Guide," is a comprehensive resource that covers all aspects of federal tax obligations for household employers.

This publication includes information on:

• Determining whether a worker is an employee or an independent contractor.
• Calculating and withholding taxes.
• Filing tax returns and paying taxes.
• Claiming tax credits and deductions.

Consulting IRS publications ensures that employers are following the most up-to-date guidelines and complying with federal tax laws.

Legal Forms and Templates: Ensuring Clear Agreements

Having well-drafted legal forms and templates is essential for formalizing the employment relationship and protecting the interests of both parties. Employment agreements outline the terms and conditions of employment, including:

• Job responsibilities.
• Compensation and benefits.
• Work schedule.
• Termination policies.

These agreements help prevent misunderstandings and disputes by clearly defining the expectations and obligations of the employer and employee. Several online resources offer templates for employment agreements, but it is always advisable to consult with an attorney to ensure that the agreement complies with all applicable laws and meets the specific needs of the parties.

So, that’s the gist of it! Navigating the legal landscape of getting paid to care for your own kids can feel like a maze, but hopefully this guide gives you a clearer path. The specifics really do depend on your state, so always double-check the requirements. At the end of the day, deciding can you nanny your own family often comes down to weighing the benefits against the paperwork. Good luck!