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Employing an au pair in United States

Household employer (“nanny tax”)

Last reviewed

This is general guidance, not legal advice.

Employment law changes, varies by region and depends on your exact arrangement. Figures below are researched from official sources but go out of date — always confirm the current position with the official body linked on this page, or with a qualified labour adviser, before you rely on it.

In the US a nanny is usually a household employee, and the rules are BOTH federal and state — they vary significantly by state and even city, so check your state’s labor department too. If the au pair is on a J-1 exchange visa, the sponsoring agency sets separate stipend and hours rules.

Pay floor

Varies — check the rate that applies to you

The US federal minimum wage is only a floor — many states and cities require a higher rate. Check your state (and city) labor department for the rate that applies to you.

What to get right

1

Written agreement

A written work agreement protects both sides. Use the contract template in the NannyTank app as a starting point, then add your state’s specifics.

2

Minimum wage & overtime

The federal minimum wage is a floor — many states and cities set a higher one that applies instead. Under the FLSA, household employees are generally owed overtime after 40 hours/week. Check your state.

3

“Nanny tax”

Above a federal earnings threshold you generally withhold and pay Social Security and Medicare, and pay federal/state unemployment tax, as a household employer (IRS Publication 926).

4

J-1 au pairs

If the au pair is on the J-1 cultural-exchange program, the sponsoring agency sets the stipend, hours and conditions — follow those rules specifically.

Official sources

Check these for the current position — they are the authority, this page is not.

An editable contract template for United States

NannyTank includes a downloadable employment contract template that references Household employer (“nanny tax”) — you fill in the agreed pay and hours. Available in the app, along with hours, overtime and claim tracking.

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Other countries

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NannyTank is not a law firm and does not provide legal advice. This page is a starting point to help you know what to look into; it may be incomplete or out of date, and it does not account for your specific circumstances. Confirm anything you rely on with the official bodies above or a qualified adviser.