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<\/a><\/figure><\/div>Checklist for New York household employers<\/strong><\/h2>We know you’re busy! Here’s a quick “to-do” list with links to extra details below.<\/p>
Beginning of employment<\/strong><\/h3>- Verify caregiver’s work eligibility<\/a>.<\/li>
- Set up EIN & state tax account(s)<\/a>.<\/li>
- Obtain the required New York workers’ compensation insurance<\/a> and disability insurance\/paid family leave<\/a> policies.<\/li>
- Provide a wage notice<\/a>, posters<\/a> and training<\/a>.<\/li><\/ul>
During employment<\/strong><\/h3>- File returns, remit taxes and manage correspondence.<\/a><\/li>
- Pay at least New York minimum wage<\/a> weekly.<\/li>
- Pay overtime<\/a>, when it applies.<\/li>
- Provide a paystub<\/a> and keep payroll records each payday. <\/li>
- Provide New York state and local required leave<\/a>.
- Paid Family leave <\/li>
- Job protected sick leave <\/li>
- Paid time off <\/li>
- NYC paid safe and sick leave <\/li>
- Westchester paid sick leave<\/li>
- Westchester safe time leave<\/li><\/ul><\/li><\/ul>
Optional benefits for your employee<\/strong><\/h3>- Health insurance<\/a><\/li>
- Mileage reimbursement<\/a><\/li><\/ul>
Ending employment<\/strong><\/h3>- Provide a termination notice<\/a>. <\/li>
- Manage unused paid time off<\/a>.<\/li>
- Close down your state employment tax account(s)<\/a>.<\/li>
- Maintain payroll records<\/a>.<\/li><\/ul><\/div>
Beginning of employment<\/strong><\/h2>Verify caregiver’s work eligibility<\/h3>
Before your employee begins to work, you need to fill out Form I-9<\/a> to verify they’re eligible to work in the U.S. The I-9 does not get sent to any government agency but must be presented to authorities if your nanny or senior caregiver’s employment eligibility is ever questioned.<\/p>Set up EIN & state tax account(s)<\/h3>
You must first apply for a EIN (Employee Identification Number)<\/a> with the IRS. This will be used as your unique ID with both state and federal tax authorities. Then you can open an account with your state taxing authority.<\/p>Workers’ compensation, disability insurance, and paid family leave<\/strong><\/h3>Household employers in New York with full-time employees (40+ hours\/week or a live-in employee) are required to get coverage for workers’ compensation insurance. Disability insurance and paid family leave is also required for families with employees that work 20 or more hours per week.<\/p>
Fines for non-compliance can be very high!<\/em><\/p>These policies pay for medical expenses and lost wages if an employee has a work-related injury or illness. Obtain an instant quote and purchase a policy online<\/a>, or by contacting our partner, Clarke White, at 804-267-1210 or wcnanny@allrisks.com.<\/p>Wage<\/strong> notice<\/h3>New York employers must provide all household employees with a wage notice<\/a> at the time of hire, on an annual basis, and when there is a change in pay rate or payday. Employers must get written acknowledgement of the wage notice from their employee and keep them on file for six years.<\/p>Employment posters<\/strong><\/h3>Families in New York are required to notify their employee(s) of their rights by sharing these posters<\/a>.<\/p>Sexual harassment prevention training<\/strong><\/h3>New York household employers must establish a sexual harassment prevention policy<\/a>.<\/p>During employment<\/strong><\/h2>Set up EIN & state tax account(s)<\/h3>
You must first apply for a EIN (Employee Identification Number)<\/a> with the IRS. This will be used as your unique ID with both state and federal tax authorities. Then you can open an account with your state taxing authority.<\/p>New York wage requirements<\/strong><\/strong><\/h3>Household employers in New York are required to pay their employees on a weekly basis.<\/p>
Minimum wage rates<\/strong><\/h3>- New York state – $15.50\/hour ($18.10\/hour for home care aides as defined under 3614c<\/a>)<\/li>
- New York City – $16.50\/hour ($19.10\/hour or home care aides as defined under 3614c<\/a>)<\/li>
- Nassau County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Suffolk County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Long Island County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Westchester County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li><\/ul>
Note:<\/em> Whenever more than one minimum wage rate applies, employers are required to pay the higher rate.<\/p><\/p>
10+ hour shifts and split shifts<\/h3>
If your employee earns minimum wage and works more than 10 hours per day (or works a split shift that ends more than 10 hours after the first shift began that day), your employee is entitled to one additional hour’s pay for the day.<\/p>
New York overtime requirements<\/strong><\/h3>- Live-out employees must be paid 1.5x their hourly rate for all hours worked over 40 in a workweek.<\/li>
- Live-in employees must be paid 1.5x their hourly rate for all hours worked over 44 in a workweek.<\/li>
- New York household employees must be allowed one day (24 hours) of rest per week. If an employee agrees to work on the 7th day, all hours worked that day must be paid at the overtime rate.<\/li><\/ul>
Payroll records<\/strong><\/h3>New York law requires employers to provide employees with a paystub each payday. You are required to keep up-to-date weekly payroll records of hours worked by your employees and wages paid for six years.<\/p>
Paid leave<\/strong><\/h3>Paid family leave<\/span><\/h4>Household employees in New York working 20 hours or more per week are eligible for paid family leave<\/a> to help them bond with a child, care for a close relative with a serious health condition or help relieve family pressure due to active military service.<\/p>Job-protected sick leave<\/span><\/strong><\/h4>All employees in New York must accrue job-protected sick leave.<\/a> Whether the leave is paid or unpaid depends on the number of employees you have and whether you are subject to a city or county paid sick leave law. HomePay will handle the accruals on your account.<\/p>Paid time off<\/span><\/strong><\/h4>After a year of employment, New York household employees must be provided paid time off.<\/p>
- 1 day of PTO for employees working 19 hours per week or less.<\/li>
- 2 days of PTO for employees working 20-29 hours per week.<\/li>
- 3 days of PTO for employees working 30 or more hours per week.<\/li><\/ul>
New York City paid safe and sick leave<\/span><\/strong><\/h4>Household employers in New York City are required to provide domestic workers with 40 hours of paid safe and sick leave per calendar year.<\/p>
Westchester County paid sick leave<\/span><\/strong><\/h4>Westchester County employers must provide their household employee(s) with up to 40 hours of paid sick leave per year.<\/p>
Westchester County safe time leave<\/span><\/strong><\/h4>Employers must allow employees up to 40 hours of paid leave per calendar year if they become victims of domestic violence or human trafficking. Time away is used to attend or testify in criminal or civil court proceedings or to move to a safe location. Employers cannot require their employee to find a substitute as a condition for using safe time.<\/p>
Optional benefits for your employee<\/strong><\/h2>Health insurance<\/strong><\/h3>Families with only 1 employee can make contributions toward their employee’s health insurance premiums and treat the amount as non-taxable compensation. In this scenario, neither the employee nor the employer are required to pay any taxes on that portion of the compensation.<\/p>
Families with 2 or more employees have 3 options:<\/p>
- Set up an Individual Coverage Health Reimbursement Arrangement (ICHRA)<\/li>
- Set up a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA)<\/li>
- Purchase a policy through SHOP (Small Business Health Options Program). <\/li><\/ol>
- Verify caregiver’s work eligibility<\/a>.<\/li>
- Set up EIN & state tax account(s)<\/a>.<\/li>
- Obtain the required New York workers’ compensation insurance<\/a> and disability insurance\/paid family leave<\/a> policies.<\/li>
- Provide a wage notice<\/a>, posters<\/a> and training<\/a>.<\/li><\/ul>
During employment<\/strong><\/h3>
- File returns, remit taxes and manage correspondence.<\/a><\/li>
- Pay at least New York minimum wage<\/a> weekly.<\/li>
- Pay overtime<\/a>, when it applies.<\/li>
- Provide a paystub<\/a> and keep payroll records each payday. <\/li>
- Provide New York state and local required leave<\/a>.
- Paid Family leave <\/li>
- Job protected sick leave <\/li>
- Paid time off <\/li>
- NYC paid safe and sick leave <\/li>
- Westchester paid sick leave<\/li>
- Westchester safe time leave<\/li><\/ul><\/li><\/ul>
Optional benefits for your employee<\/strong><\/h3>
- Health insurance<\/a><\/li>
- Mileage reimbursement<\/a><\/li><\/ul>
Ending employment<\/strong><\/h3>
- Provide a termination notice<\/a>. <\/li>
- Manage unused paid time off<\/a>.<\/li>
- Close down your state employment tax account(s)<\/a>.<\/li>
- Maintain payroll records<\/a>.<\/li><\/ul>
<\/div>Beginning of employment<\/strong><\/h2>
Verify caregiver’s work eligibility<\/h3>
Before your employee begins to work, you need to fill out Form I-9<\/a> to verify they’re eligible to work in the U.S. The I-9 does not get sent to any government agency but must be presented to authorities if your nanny or senior caregiver’s employment eligibility is ever questioned.<\/p>
Set up EIN & state tax account(s)<\/h3>
You must first apply for a EIN (Employee Identification Number)<\/a> with the IRS. This will be used as your unique ID with both state and federal tax authorities. Then you can open an account with your state taxing authority.<\/p>
Workers’ compensation, disability insurance, and paid family leave<\/strong><\/h3>
Household employers in New York with full-time employees (40+ hours\/week or a live-in employee) are required to get coverage for workers’ compensation insurance. Disability insurance and paid family leave is also required for families with employees that work 20 or more hours per week.<\/p>
Fines for non-compliance can be very high!<\/em><\/p>
These policies pay for medical expenses and lost wages if an employee has a work-related injury or illness. Obtain an instant quote and purchase a policy online<\/a>, or by contacting our partner, Clarke White, at 804-267-1210 or wcnanny@allrisks.com.<\/p>
Wage<\/strong> notice<\/h3>
New York employers must provide all household employees with a wage notice<\/a> at the time of hire, on an annual basis, and when there is a change in pay rate or payday. Employers must get written acknowledgement of the wage notice from their employee and keep them on file for six years.<\/p>
Employment posters<\/strong><\/h3>
Families in New York are required to notify their employee(s) of their rights by sharing these posters<\/a>.<\/p>
Sexual harassment prevention training<\/strong><\/h3>
New York household employers must establish a sexual harassment prevention policy<\/a>.<\/p>
During employment<\/strong><\/h2>
Set up EIN & state tax account(s)<\/h3>
You must first apply for a EIN (Employee Identification Number)<\/a> with the IRS. This will be used as your unique ID with both state and federal tax authorities. Then you can open an account with your state taxing authority.<\/p>
New York wage requirements<\/strong><\/strong><\/h3>
Household employers in New York are required to pay their employees on a weekly basis.<\/p>
Minimum wage rates<\/strong><\/h3>
- New York state – $15.50\/hour ($18.10\/hour for home care aides as defined under 3614c<\/a>)<\/li>
- New York City – $16.50\/hour ($19.10\/hour or home care aides as defined under 3614c<\/a>)<\/li>
- Nassau County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Suffolk County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Long Island County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li>
- Westchester County – $16.50\/hour ($19.10\/hour for home care aides – as defined under 3614c<\/a>)<\/li><\/ul>
Note:<\/em> Whenever more than one minimum wage rate applies, employers are required to pay the higher rate.<\/p>
<\/p>
10+ hour shifts and split shifts<\/h3>
If your employee earns minimum wage and works more than 10 hours per day (or works a split shift that ends more than 10 hours after the first shift began that day), your employee is entitled to one additional hour’s pay for the day.<\/p>
New York overtime requirements<\/strong><\/h3>
- Live-out employees must be paid 1.5x their hourly rate for all hours worked over 40 in a workweek.<\/li>
- Live-in employees must be paid 1.5x their hourly rate for all hours worked over 44 in a workweek.<\/li>
- New York household employees must be allowed one day (24 hours) of rest per week. If an employee agrees to work on the 7th day, all hours worked that day must be paid at the overtime rate.<\/li><\/ul>
Payroll records<\/strong><\/h3>
New York law requires employers to provide employees with a paystub each payday. You are required to keep up-to-date weekly payroll records of hours worked by your employees and wages paid for six years.<\/p>
Paid leave<\/strong><\/h3>
Paid family leave<\/span><\/h4>
Household employees in New York working 20 hours or more per week are eligible for paid family leave<\/a> to help them bond with a child, care for a close relative with a serious health condition or help relieve family pressure due to active military service.<\/p>
Job-protected sick leave<\/span><\/strong><\/h4>
All employees in New York must accrue job-protected sick leave.<\/a> Whether the leave is paid or unpaid depends on the number of employees you have and whether you are subject to a city or county paid sick leave law. HomePay will handle the accruals on your account.<\/p>
Paid time off<\/span><\/strong><\/h4>
After a year of employment, New York household employees must be provided paid time off.<\/p>
- 1 day of PTO for employees working 19 hours per week or less.<\/li>
- 2 days of PTO for employees working 20-29 hours per week.<\/li>
- 3 days of PTO for employees working 30 or more hours per week.<\/li><\/ul>
New York City paid safe and sick leave<\/span><\/strong><\/h4>
Household employers in New York City are required to provide domestic workers with 40 hours of paid safe and sick leave per calendar year.<\/p>
Westchester County paid sick leave<\/span><\/strong><\/h4>
Westchester County employers must provide their household employee(s) with up to 40 hours of paid sick leave per year.<\/p>
Westchester County safe time leave<\/span><\/strong><\/h4>
Employers must allow employees up to 40 hours of paid leave per calendar year if they become victims of domestic violence or human trafficking. Time away is used to attend or testify in criminal or civil court proceedings or to move to a safe location. Employers cannot require their employee to find a substitute as a condition for using safe time.<\/p>
Optional benefits for your employee<\/strong><\/h2>
Health insurance<\/strong><\/h3>
Families with only 1 employee can make contributions toward their employee’s health insurance premiums and treat the amount as non-taxable compensation. In this scenario, neither the employee nor the employer are required to pay any taxes on that portion of the compensation.<\/p>
Families with 2 or more employees have 3 options:<\/p>
- Set up an Individual Coverage Health Reimbursement Arrangement (ICHRA)<\/li>
- Set up a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA)<\/li>
- Purchase a policy through SHOP (Small Business Health Options Program). <\/li><\/ol>
- New York City – $16.50\/hour ($19.10\/hour or home care aides as defined under 3614c<\/a>)<\/li>
- Manage unused paid time off<\/a>.<\/li>
- Mileage reimbursement<\/a><\/li><\/ul>
- Health insurance<\/a><\/li>
- Pay at least New York minimum wage<\/a> weekly.<\/li>
- Set up EIN & state tax account(s)<\/a>.<\/li>