If you’re hiring a nanny in Florida, you may be wondering whether a formal agreement is required.
While Florida law does not mandate a written nanny contract, having a detailed nanny offer letter or agreement is highly recommended. It protects both the family and the nanny by clearly outlining responsibilities, expectations, and legal rights.
Getting Started: Communication First
Before you put anything in writing, take time to meet with your prospective nanny. Establishing rapport and mutual understanding is essential. A written agreement works best when built on a foundation of trust and clear communication.
What Should a Nanny Offer Letter Include?
Here are the key elements to consider including in your offer letter or written agreement:
- Basic Information:
Start date, names and ages of the children, family contact information, work location(s), and emergency contacts. Include any regular travel or school pick-ups. - Job Responsibilities:
Outline childcare duties and any related household tasks, such as light housekeeping, laundry, meal prep, or pet care. Be specific to avoid future confusion. - Schedule and Hours:
Specify the work days, expected start and end times, and any expectations for overtime, evening, or weekend care. Also include daily routines like naps, feedings, or activity schedules. - Compensation and Benefits:
List the hourly rate or salary, payment schedule, and any overtime pay. Clarify whether benefits such as paid holidays, vacation days, sick leave, or health insurance are offered. Include raise review periods if applicable. - Household Rules and Parenting Style:
Provide expectations on topics like discipline, screen time, sleep routines, dietary restrictions, allergies, or religious practices. This helps the nanny align with your family’s values. - Check-ins and Evaluations:
Set regular times to meet and review how things are going. Consider an annual or semi-annual formal review to revisit expectations and update the agreement. - Confidentiality and Privacy:
Address confidentiality of family matters, including any medical, financial, or personal information. You may also include guidelines on social media, image sharing, and the presence of security cameras in the home. - Termination Terms:
Include notice periods for voluntary or involuntary termination, and whether any severance will be offered. - Legal Compliance:
Florida employers must comply with federal wage and hour laws and may need to provide certain benefits, withhold taxes, or file appropriate forms, especially if the nanny earns above the IRS wage threshold for household employees.
Do I Have to Pay My Nanny Overtime in Florida?
Yes. Under the Fair Labor Standards Act (FLSA), most nannies are considered non-exempt employees and must be paid:
- At least minimum wage (currently $12/hour in Florida as of 2024, increasing annually until 2026); and
- Overtime pay (1.5x hourly rate) for any hours worked over 40 in a week, unless they live in your home, in which case overtime rules differ.
Other Legal Obligations in Florida
When you employ a nanny, you become a household employer and may be responsible for:
- Withholding and paying employment taxes (Social Security, Medicare, and unemployment taxes);
- Providing a W-2 form and reporting wages to the IRS (if the nanny earns $2,700+ in a year – 2024 threshold);
- Workers’ compensation insurance, if you have four or more employees (not typically required for one nanny, but check with your insurer);
- Complying with anti-discrimination and harassment laws under federal and Florida statutes;
- Ensuring compliance with any applicable background checks, especially if the nanny will be driving children or handling medication.
Conclusion
Florida law does not require a formal nanny contract, but putting the terms of employment in writing is a best practice. A well-drafted nanny agreement or offer letter helps ensure clear expectations and provides legal protection for both parties.
If you need help preparing or reviewing a nanny offer letter or understanding your legal obligations as a household employer, contact one of our experienced Florida employment attorneys for guidance tailored to your situation.
Contributions to this blog by Kennedy McKinney.
