Guaranteed Hours for Your Nanny: What California Law Requires
Guaranteed hours mean your nanny is paid for an agreed minimum number of hours per week regardless of whether you need them to work that many. In California, failing to pay for guaranteed hours is a wage violation, not a courtesy issue.
Guaranteed hours mean your nanny is paid for an agreed minimum number of hours per week regardless of whether you need them to work that many. In California, failing to pay for guaranteed hours is a wage violation, not a courtesy issue.
Why Guaranteed Hours Exist
Your nanny has organized their life around a fixed schedule and income. When families cancel days, leave town, or reduce hours without notice, the nanny loses income they counted on. California law treats domestic workers as employees, which means you cannot simply not pay for a scheduled workday because plans changed.
How Guaranteed Hours Work in Practice
If you agree to a 40-hour week and you only need 30 hours one week, you still owe 40 hours of pay. The nanny showed up or was available as agreed. The reduction in hours was your decision, not theirs.
This is commonly misunderstood by families who think they only pay for hours actually worked. For W-2 household employees in California, that is not how it works.
What to Include in Your Work Agreement
State the guaranteed minimum weekly hours explicitly. This protects both parties: the nanny knows their minimum income, and you have documented what you agreed to. Most LA placement agencies include a guaranteed hours clause as standard in their work agreement templates.
When You Travel or Take Extended Vacations
If you travel and do not need your nanny for two weeks, you generally owe their guaranteed pay for those weeks unless your agreement explicitly states otherwise. Some families negotiate a lower vacation rate (typically 50 to 100% of regular pay) for extended periods the nanny is not needed. This must be agreed upon in advance and in writing.
Reducing Hours Permanently
If your family’s situation changes and you genuinely need fewer hours long-term, that is a change to the employment terms that requires proper notice. You cannot simply announce reduced hours starting Monday. Give reasonable notice (typically 2 weeks minimum) and put the new arrangement in writing.
Beyond hourly pay, expect: employer payroll taxes (roughly 10 to 12% of gross wages), paid sick leave (required by California law), 10 days paid vacation (competitive standard), and potentially a health contribution. Placement agency fees are typically 20% of first-year gross salary. California's Domestic Worker Bill of Rights sets overtime at 1.5x after 9 hours in a single day or after 45 hours in a week. Daily overtime is the rule most families miss. A nanny working 10-hour days Monday through Friday triggers daily overtime every single day. Yes. If you pay a household employee more than $2,700 in a calendar year, you must withhold FICA taxes, pay employer FICA match, and remit federal and California state unemployment insurance. Paying cash does not eliminate this obligation. Guaranteed hours mean your nanny is paid for an agreed minimum number of hours per week regardless of whether you use them. If you agree to 40 hours and only need 30 one week, you owe 40 hours of pay. California household employment law treats scheduled hours as wages owed. If your nanny has guaranteed hours and you are not using them because you are traveling, you generally owe their guaranteed pay. If you negotiate a reduced vacation rate in advance and in writing, that may apply. Unilaterally not paying for weeks you are away is a wage violation. No. In California, a household employee who works regular hours for one family is an employee, not an independent contractor. Misclassifying them as a contractor to avoid employer obligations creates retroactive tax liability and potential penalties. California does not legally require holiday pay, but paying for major holidays is standard in Los Angeles. Most work agreements list specific paid holidays. If your nanny works on a holiday, they should receive their regular pay plus any applicable overtime. Yes. Nannies are household employees under California and federal law. Paying off the books exposes families to back taxes, penalties, and potential liability. It also leaves the nanny without workers compensation, unemployment protection, or Social Security credits. California law entitles most nannies to overtime after 9 hours in a day or 45 hours in a week, and double time after 12 hours in a day. Personal attendant rules apply differently - families should confirm with a payroll specialist how their specific arrangement is classified. Cash is a payment method, not a classification. You can pay in cash but must still report wages, withhold appropriate taxes, and issue a W-2. Paying cash without tax reporting is what is illegal, not cash itself.Frequently asked questions
What are the real costs of hiring a nanny in Los Angeles?
How does California overtime work for household employees?
Do I need to pay payroll taxes for my nanny?
What are guaranteed hours for a nanny?
Do I pay my nanny if I take a vacation?
Can I pay my nanny as an independent contractor?
Do I pay my nanny during holidays?
Is it illegal to pay a nanny under the table in Los Angeles?
How does California nanny overtime work?
Can I pay a nanny in cash in California?
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