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Overtime Guidelines for Household Employers

Thank you to our friends at GTM Payroll Services for providing this important information.

Overtime Eligibility

According to the Federal Labor Standards Act (FLSA) of 1938, household employees that do not live with their employers are eligible to receive overtime after forty hours of work in one work week (seven consecutive days). Household employees are covered by this act and are not exempt from this law (i.e. classified as “non exempt”). This applies to both full time and part time employees.

NOTE: Due to the FLSA classification of nannies and other domestic workers as non exempt, they may not be salaried; they are considered hourly employees.

The employee must be paid at a rate of not less than 1.5 times their regular rate of pay. An employer cannot avoid paying overtime by averaging the number of hours worked over two (or more) weeks or by calling the employee a salaried worker, implying they are not subject to overtime. An employee may be paid on a salary, commission, or some other basis. Whichever way they are paid, the overtime pay has to be calculated on the average rate per hour derived from what they have earned in a week.

For example, if an employee making $10/hr works 50 hours in a work week, the employer must pay 1.5 x $10 per hour = $15 per hour (the overtime rate). An employee can work any number of hours in a workweek as long as they receive the appropriate overtime pay. The employee’s workweek may begin on any day and at any hour of the day in that workweek period.

Live-in Employees

Federal law does not require paid overtime for live-in household employees. It is advised that live-in employees be fairly compensated for any extra hours they work and for longer hours than agreed in their employment contract. However, your state may have laws for live-in employees, which may result in having to pay an overtime rate.

State Overtime Laws

The laws for overtime vary state by state and sometimes can override federal law. Hourly employees in Texas are entitled to an overtime pay rate of at least 1.5 times their regular hourly wage for all overtime worked, if they work over 40 hours in a week. Overtime pay is not required for live-in employees.

Overtime and holidays

According to the FLSA, overtime is not required to be paid for holidays worked or for weekends worked. However, some employers do pay 1.5 times (or more) the regular rate of pay to their employees if they work during major holidays. This is at the discretion of the employer and should be agreed at the time of hiring.

GTM Recommendations

• Agree what overtime rate should be paid (in $ per hour) in relation to the employee’s hourly rate (or salary).
• Agree when the overtime rate will occur (after 40 hours in a work week, or when individual state law requires).
• Agree if overtime should be paid on holidays and which holidays are recognized by the employer.

Questions about Overtime, Wage Compliance or NannyTaxes?

GTM Payroll Services, our preferred nanny payroll and tax provider, provides complimentary consultations to all of our clients. Contact Patrick DiFiore by email at p.difiore@gtm.com or by calling (800) 929-9213 ext. 7248 and mention Morningside Nannies for your complimentary consultation. The GTM website is also full of helpful information, including a tax calculator. GTM offers clients of Morningside Nannies FREE account set up – a $95 value – should you choose to engage them for payroll and tax services. Mention Morningside Nannies when you call or use code MSN95 when setting up an account online.

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2018 Nanny Tax Responsibilities

Thank you to our friends at GTM Payroll Services for this 2018 nanny tax update.

Please note the actual tax numbers on the sheet are accurate right now (January 2018). However, with the new tax bill being passed last week, these tax numbers will be changing. As of now, we don’t know when that will happen. Once we get the amended tax tables, we will be sure to get you updated information.

You can download a PDF version here..

Access GTM’s calculator here.

2018 Tax Resp TX 600 - Morningside

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10 Gift Ideas and The Holiday Nanny Bonus

While bonuses and holiday gift giving are always at the discretion of the employer and typically reflect the nanny’s length of service, job performance, the family’s appreciation for the care she provides the children, and recognition for a job well done, many families are unsure what amount is appropriate to give their nanny as a gift or holiday bonus. Here are some of our best tips.

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1. Enroll her in NannyTraining.com’s professional nanny certificate program
2. Get her a subscription to her favorite magazine
3. Purchase her a gift card to a local spa or salon
4. Anything nanny themed – a t-shirt, sweatshirt or bag
5. Membership to the International Nanny Association
6. A framed photo of your nanny and your children
7. Anything special made by the children for their nanny
8. Car detailing – especially if she uses her car for work
9. A personalized coffee mug with assortments of coffee and tea
10. Anything techy- a Nook, Kindle or iPad

The Holiday and Year End Bonus

Traditionally speaking, nannies typically receive a holiday bonus equivalent to one to two week’s wages.
This amount typically increases in amount depending on the number of years a nanny has been with a family, with long-term nannies receiving as much as equivalent to one month’s wages.
For nannies who are new to the family, calculating one day’s pay for each month of employment is a standard approach.
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5 Tips for Photographing Children

A quick look at Instgram or Facebook and it’s clear; people love taking pictures of their children. But for some parents and nannies, capturing the best photograph is not in their wheelhouse. Take heart. We’ve got some great tips for you. Recently I had a chance to connect with Jacob Shelby of The Shelby Studio to learn how nannies and parents could up their photography game. Here’s his 5 best tips for photographing children and capturing their best.

1. Get Down!

The key to a great photo, regardless of its subject, is that it draws you in. The power of an image that puts you in the story tends to be greater than one that sets you apart from it. The easiest way to connect a viewer to your subject when photographing a child is to get on their level. This tip takes little effort but has the maximum payoff! Children-Portraits-Discovery-Green-Houston-Photographer

2. Pay Attention to the Background

Nothing ruins a great photo like a bad background. As I mentioned above, getting down on your child’s eye level helps connect your audience to your subject but it also opens up your options for a better background.

3. Anticipate

Let’s say you’re photographing your child’s birthday party, there are some key moments that you know will give you the potential for great photos: birthday cake, unwrapping gifts, entertainment, etc. Keep these things in mind beforehand and set yourself up in position from the best vantage point and get the best photo.

4. Rapid Fire

When the moment for a great photo comes it’s a good idea to snap at least two or three shots in rapid succession. This doesn’t mean to “spray and pray”, which is the act of shooting as many photos as possible hoping to capture one good one. It just means that it’s smart to get two or three quick shots to ensure your shot isn’t ruined by a blinking kid.

5. Be Patient

Patience may be a virtue but when it comes to snagging that perfect photograph of your child it’s a necessity. I’m referring to your patience with your photography. It’s easy to get discouraged and to decide that the effort isn’t paying off but your photography skills will improve if you stick with it.

Getting great portraits takes skill, intuition, and lots of practice but if you keep these 5 tips in mind the next time you’re photographing your kiddos you’ll be well on your way to some truly great photos. Need some help capturing your child at their best? Contact The Shelby Studio to schedule your family portrait session.

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Why Professional Childcare Work Experience Matters

Morningside Nannies presents (1)

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Talking with The Traveling Tea Party

When it comes to planning a child’s birthday celebration, parents and nannies hope that it will be be a magical day to remember. From gifts to food to paper products, even the simplest celebrations can cost a pretty penny. Recently, I had a chance to connect with Audrey McLean of The Traveling Tea Party who throws customized celebrations across the Katy and Greater Houston area. As she shared about her business and birthday celebrations, I learned how she personalizes children’s parties to give them a day everyone will remember.
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Here are 10 things I learned about the The Traveling Tea Party:

1. They have competitive pricing:

The Traveling Tea Party competes favorably against other party packages that offer basic, colored tableware, balloons and venue space with party packages starting at $250.

2. It’s convenient:

With The Traveling Tea Party, you won’t need to lug your little ones, along with their plethora of gifts and swag, to a business location where other members of the public are also making use of the facilities. They come to you! They will set up, run, and then fully clean and pack away the party supplies.

3. There’s bespoke theming:

The Traveling Tea Party brings beautiful, bespoke theming to your party. Each table, ceiling or wall decoration is expertly handmade and unique for your chosen theme. Current themes include ‘Princess’, ‘Fairy’ and ‘British afternoon’ teas. There are no plastic, generic wall posters or signage at any of their events.

4. Take home arts and crafts activity are included:

In addition to creating a fun venue, their packages include an age appropriate ‘take home’ activity. Whether it be a ‘self-decorated’ Rapunzel tower cupcake or portion of slime, each package offers four different activity options for you to choose from. All activities are also expertly facilitated by a fully qualified art teacher.

5. They bring delicious food:

When you book with the Traveling Tea Party, handmade and beautifully presented food in a traditional, afternoon tea style is included. The food itself is themed to enhance the ambiance of your chosen party, like the popular Her Majesty’s ‘crown cupcakes’.

6. There are optional extras:

The Traveling Tea Party really lets you create as much magic as you’d like. If you want to splurge on a delightful, themed candy buffet you can add on to your chosen package. They’ll take the stress out of favor shopping too and create a perfectly themed party bag for each of your guests at an additional cost. They do invitations too!

7. Fun for all ages:

The Traveling Tea Party caters to all ages. From young children to adults, they can offer a celebration geared towards your guests.

8. The provide the party you want:

Have a party theme in mind that they don’t currently offer? No problem! The Traveling Tea Party is constantly growing and expanding their portfolio of theme options and bespoke décor. If they can make your vision come to life, they will.

9. Flexible arrangements available:

You may not want to host a party in your own home and that’s okay! The Traveling Tea Party will happily travel to your alternative party venue. They even provide a list of suggested third party venues if you need some help choosing a preferred location.

10. Time saving and hassle free:

Not only will you receive everything you need for an amazingly decorated and catered, activity centered party – you will also have the entire event set-up and dismantled for you! Celebrating with The Traveling Tea Party saves you hours of planning, preparation, and clean-up time.

Check out The Traveling Tea Party at www.thetravelingteaparty.com or contact Audrey@thetravelingteaparty.com for more information. Need additional childcare help for your celebration? Contact Morningside Nannies to book an event nanny for your next celebration.

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Driving Records: Practically Perfect in Every Way?

For many nannies, especially those who work in the suburbs, driving children is an essential part of their daily duties and responsibilities. From taking children to school and afterschool activities, to driving them to and from playdates or appointments, transporting children is often a requirement of the job.

Yet nannies are often surprised to learn that speeding tickets, driving with a revoked license, operating under the influence, reckless driving, failure to use proper child restraints, driving an unsafe vehicle and other charges or arrests can be problematic and even detrimental to their job search.

While one speeding ticket a few years back may not automatically disqualify a nanny applicant from working with an agency, especially if she has taken a defensive driving course and has references that report she is a safe driver, a pattern of motor vehicle incidents not only demonstrate a questionable driving history, but may paint a bigger overall picture – one of poor judgement.

For families who utilize a reputable nanny referral agency, checking a potential candidate’s driving history is – or should be – a standard norm. As a pre-requisite for representation at Morningside Nannies, all candidates must have a valid driver’s license, proof of insurance, access to a reliable vehicle that can be used for work and consent to a background check that consists of a motor vehicle driving record check as part of their screening process.

How the data returned on the checks is handled can vary from agency to agency. While the laws vary by state on what data and information can and cannot be used for pre-employment screening, reputable agencies will consider all data and information that they can legally use as far back as they can legally use it as allowed by law when making a representation determination.

Since a candidate authorizes consent of a motor vehicle driving record check and is applying for positions that require the transportation of children, it’s paramount that the data and information gathered reflect that a nanny is a safe and responsible driver.

Morningside Nannies is Houston’s award-winning nanny placement agency. Call (713) 526-3989 for a complimentary nanny care consultation.

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Morningside Nannies on NPR News

michelle 2016Morningside Nannies executive director Michelle LaRowe was interviewed for an NPR story entitled Nannies in Texas: Self-Regulation Raises in Concerns.

Morningside Nannies has an aggressive screening process and voluntary adheres to the standards set forth by the International Nanny Association and the Association of Premiere Nanny Agencies. Morningside Nannies is the only award-winning nanny placement agency to also be operated by an International Nanny Association Nanny of the Year award recipient. In addition to our in-depth screening process, we also offer free nanny training to nannies, in addition to free CPR/First Aid certification courses.

Listen In: https://www.houstonpublicmedia.org/articles/news/2017/06/21/205322/nannies-in-texas-self-regulation-raises-concerns/

 

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2017 INA Nanny of the Year Candida Vajana_

Recently I had a chance to connect with Candi Vajana, INA’s 2017 Nanny of the Year. Here’s a bit of the advice she had to share. – Michelle

What advice do you have for people trying to enter into the nanny world and get their first nanny job?
Be humble. listen to other nannies and nanny agencies. Try to find a mentor. Entering the nanny world may appear easy, anyone can call themselves a candinanny, but being a professional nanny requires a lot of skills, patience and a lot of love. If you don’t love children, and I really mean LOVE children, being a nanny is not for you. If you aren’t fun, don’t have a great sense of humor then nannying is not for you. If you really want to be a professional nanny, invest in yourself, attend classes, go to trainings, attend conferences, read, shadow other nannies.

What does being NOTY mean to you?
Being Nanny of the Year means being the spokesperson for my profession. It means being at the top of my game and it means being an industry leader. To me, being the Nanny of the Year means being an advocate for my colleagues and my profession, it means being able to make an impact in the way the nanny profession is perceived.

What do you think defines a professional nanny?
What defines a professional nanny is the training, the experience, the personality, the education, the languages and many other sills the nanny brings to the table, Professionalism is the same for all industries, Merriam Webster defines Professionalism as ” the conduct, aims or qualities that characterize or mark a profession or a professional person”.

What is your best bit of advice for nannies starting out? For experienced nannies?
My best advice for nannies starting out, I will go back to what I said earlier, be humble, learn, learn, learn, be respectful and true to yourself. My best advice for experienced nannies, learn, there is always something new to learn and share your knowledge, mentor less experienced nannies, attend conferences as speakers, be respectful and true to yourself.

To learn more about Candi and view her acceptance speech, click here.

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Nanny Cams: What You Need to Know

For parents who employ a nanny, the decision of whether or not to have and/or to disclose the use of a nanny cam is an extremely personal one. It’s a question that involves both legal and ethical considerations and, in my opinion, a close examination of the parents motive for considering one.shutterstock_432849013

First, let’s start with the legal considerations. The laws regarding the use of nanny cams vary by jurisdiction. Local and state laws addressing nanny cams can be different from each other and from federal laws.  According to WECUsurveillance.com, the laws are a complicated patchwork of laws since federal laws don’t pre-empt the state and local laws. This means if your local law is more stringent, it could supersede the state or federal law.

The real bone of contention between the laws deals with the audio recording of parties who have not given consent. Most states allow for the use of video recording with or without consent or permission, provided the laws are respected. For video surveillance, the cameras cannot be placed in an area where a person has a reasonable expectation of privacy, like a bathroom or a nanny’s personal living quarters.

If you’re considering using a nanny cam, it’s best to seek the advice of a law professional or private investigator that is well versed in eavesdropping and wiretapping laws in your area.

Now let’s move onto the ethical consideration. For parents who are considering using a nanny cam, they’ll need to evaluate their ethical beliefs regarding privacy and videotaping their employee secretly.  Nanny and employer relationships are built on trust, and violating that trust can be problematic for some employers. How parents feel about privacy and trust may affect their decision to utilize surveillance.

In addition to the legal and ethical considerations, parents should consider their motive for using a nanny cam. Nanny cams should be used to deter abuse, not to capture it. If a parent feels that their child is being mistreated or neglected, or the parent simply doesn’t trust the nanny, the nanny should be terminated immediately. Parents should never leave their child in the care of anyone, nanny cam or not, with whom they do not trust completely.

Parents typically utilize nanny cams to calm fears or to investigate suspicions. For parents who wish to utilize a nanny cam to calm their fears, they should not let the nanny cam give them a false sense of security. The nanny cam should not be the sole determining factor for assessing the quality of care that their child is receiving, since some interactions will likely take place out of view of the camera.

For parents who want to evaluate the level of care that their child is receiving, stopping in unexpectedly, asking a neighbor to pop in periodically, coming home early without advance notice, checking in by phone throughout the day, and discussing any concerns with their nanny may provide information that can help them access their care giving arrangement.

Once parents have decided to use a nanny cam, they’ll need to decide if they should disclose that they will be using one. While they don’t need to disclose the location of cameras, the International Nanny Association (INA) does recommend that the employer disclose the use of nanny cams to their nanny, preferably before employment begins.

If parents plan to use a nanny cam and know this prior to hiring a nanny, they may wish to include a clause stating such in their nanny/family agreement. If employers wish to install one after their nanny has started, they should discuss the use of cameras with the nanny and give the nanny the option to leave the position, without the fear of negative consequences, according to INA.

Nannies typically do not mind being videotaped while working. Professional nannies respect a parent’s concern for their child’s welfare and may view a nanny cam as a benefit to themselves as well. What better way to show their employer’s that their child is being well cared for then to be recorded providing high quality care? Many nannies view a nanny cam as being a protective measure. Nannies who provide high-quality care and are under surveillance may also be protected from false accusations of abuse, since they are being videotaped during their working hours.

What nannies do mind, however, is being videotaped without their consent. To a nanny, being videotaped without her consent could indicate a lack of trust. Since nanny and employer relationships are built on trust, a nanny who feels that the trust was broken may leave her position.

At the end of the day, parents need to make their own decisions on whether or not to use a nanny cam and whether or not to disclose the use of one to their nanny.

I believe it is best practice for parents to disclose the use of nanny cams and for nannies to always work as if they are being watched.

Michelle LaRowe

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