{"id":63,"date":"2025-02-22T23:12:36","date_gmt":"2025-02-22T23:12:36","guid":{"rendered":"https:\/\/s37407.p1377.sites.pressdns.com\/homepay\/what-to-do-if-your-employer-wont-pay-you-legally\/"},"modified":"2025-02-27T23:12:36","modified_gmt":"2025-02-27T23:12:36","slug":"what-to-do-if-your-employer-wont-pay-you-legally","status":"publish","type":"post","link":"https:\/\/www.care.com\/hp\/what-to-do-if-your-employer-wont-pay-you-legally\/","title":{"rendered":"What to do if your employer won’t pay you legally"},"content":{"rendered":"

As a nanny or caregiver, you may be aware that you’re considered a household employee, not an independent contractor<\/a>. So when you interview with a new family who tells you they’d rather not pay taxes, you might be caught off guard. The family may think they’re helping you out by letting you bring home a little extra money, but what they may not realize is that it’s illegal to do so.<\/p>

“Traditionally, people see these relationships as more informal and not employer\/employee,” says Dean Rocco, a partner with Wilson Elser<\/a>. They don’t pay taxes to skirt the law intentionally; they just don’t know about the law.<\/p>

But what do you do if your employer isn’t interested in paying taxes? Follow these steps:<\/p>

1. Prepare to have a constructive conversation<\/strong><\/h2>

“It is always helpful for a nanny to do some homework first so that she understands her rights before raising these issues with her employer,” says Lisa Pierson Weinberger, an employment law attorney and founder of the Law Office of Lisa Pierson Weinberger<\/a>. As employees of the families they work for, in-home nannies and caregivers have a right to the benefits associated with the payroll and tax process<\/a>.<\/p>

If you don’t say anything, your employer might assume you’re OK with being paid under the table. Even if you’ve talked about it in the past, talk about it again. Tell them you’re uncomfortable with getting paid in this manner and want to get on the right track. “I always advise clients to be matter of fact and to avoid placing blame or becoming too emotional,” adds Weinberger.<\/p>

2. Explain how being paid under the table affects you<\/strong><\/h2>

As a household employee, it’s illegal to not have taxes withheld from your pay and for the family to not pay taxes of their own. If either you or the family are audited by the IRS, it can lead to a financial headache that may take months to clear up. Additionally, here are some other negative consequences to mention:<\/p>