Employing an au pair in the 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 Figures below are researched from official sources but go out of date — always confirm the current position with the official body linked on this page, or with a qualified labour adviser, before you rely on it.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
$195.75 / week (J-1 au pair, derived)
This is NOT in the regulation. 22 CFR 62.31 says only that au pairs are paid “in conformance with the requirements of the Fair Labor Standards Act”; $195.75 is federal minimum wage ($7.25) × 45 hours less a 40% room-and-board credit, and it has not moved since 2009 because the federal minimum has not. EduCare is 75% of it, $146.81 for up to 30 hours. ⚠️ Whether a STATE minimum wage applies instead is unresolved — in Capron (2019) the First Circuit held Massachusetts wage law was not preempted, which would put the floor far higher. Check your state. Verified against the eCFR on 2 September 2026.
What to get right
J-1 au pair or private nanny? They are different
A J-1 au pair comes through a State Department-designated sponsor under 22 CFR 62.31, with capped hours and a set weekly stipend. A nanny you hire privately is simply your employee, under federal and state wage law and the household “nanny tax” rules. The two are not interchangeable and the pay rules are not the same.
The stipend is not a number in the rulebook
The regulation does not name a dollar amount. It requires that au pairs be paid “in conformance with the requirements of the Fair Labor Standards Act”. The familiar $195.75 a week is arithmetic on top of that — the federal minimum wage of $7.25 × 45 hours, less a 40% credit for room and board. It has been unchanged since 2009 because the federal minimum has been. EduCare participants get 75% of it, $146.81 for up to 30 hours.
⚠️ Your state may override the federal figure
Because the rule points at the Fair Labor Standards Act rather than displacing state law, whether your state’s minimum wage applies instead is genuinely unsettled. In 2019 the First Circuit held in Capron that Massachusetts wage and domestic-worker law was not preempted. The difference is large: 45 hours at a $15 state minimum is $675 a week before any lodging credit, against $195.75. Check your state labor department, and do not assume the federal figure is the answer where you live.
Hours, time off and the education bill
No more than 10 hours of child care a day and 45 hours a week (30 for EduCare). At least one and a half days off a week plus one complete weekend off each month, and two weeks of paid vacation. The host family must also facilitate and pay for coursework — up to $500 for a standard au pair and up to $1,000 for EduCare, who must complete twice the credit hours.
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.
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.
“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).
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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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.