Washington Tax & Labor Law Summary

Families with questions about Washington nanny taxes need to look no further than this overview for all their household employment answers. And those that don't feel comfortable keeping up with the tax and labor law requirements themselves can utilize our comprehensive service to take the work and worry off their plate.

WORKER CLASSIFICATION

When a family hires someone to perform duties in or around their home, they are considered a household employer. The IRS views the worker whether a nanny, health aide, housekeeper, senior caregiver, gardener, chef, personal assistant, estate manager, etc. as an employee of the family in nearly every case. Misclassifying an employee as an independent contractor (using Form 1099) is considered tax evasion, so please call us if you're not sure how to classify your worker.

TAX RESPONSIBILITIES

Household employers have four primary tax responsibilities. These are sometimes referred to as the Washington nanny tax obligations:

1. Withhold Social Security and Medicare taxes from their employees paycheck each pay period.  Federal income taxes should be withheld based on the employees selections on Form W-4.

*It is not legally required that income taxes be withheld. However, we strongly advise it so that the employee does not have a large tax burden at the end of the year and is not subjected to underpayment penalties.

2. Pay the employers portion of Social Security and Medicare, as well as federal and Washington unemployment insurance taxes (FUTA and SUTA) and a small employment administration fund tax.

Good news! There are some tax breaks for dependent care that can help offset these employer taxes. For an estimate of your employer costs and your tax breaks - as well as your employee's take-home pay - give us a call.

3. File tax forms with the Washington Employment Security Department (ESD), typically on a quarterly basis, and with the IRS in April, June, September and January. With these filings, employers remit (pay) the employee taxes withheld and the employer taxes accrued.  

4. At the end of the year, prepare Form W-2 and distribute to each employee, file Form W-2 Copy A and Form W-3 with the Social Security Administration and file Schedule H with your personal income tax return.

LABOR LAW REQUIREMENTS

The Fair Labor Standards Act (FLSA) provides the framework for federal and state wage and hour law. Household employees are classified under the FLSA as non-exempt workers. Non-Exempt workers in all 50 states are covered by the rules and protections of the FLSA. Washington may supplement the federal law with additional state and municipal labor law.

Minimum Wage

Minimum wage in Washington is currently $11.50 per hour.

Seattle minimum wage rate: $14.00 per hour

Tacoma minimum wage rate: $12.00 per hour

Note: Whenever more than one rate applies, employers are required to pay the higher rate.

Paid Sick Time

Household employers in Washington are required to provide paid sick time to their employees. Sick time can either accrue at the rate of 1 hour for every 40 hours worked or be offered in full at the beginning of the year. Employers choosing the latter option must calculate how much sick time their employee would accrue for the year and offer this amount. Unused sick time may carry over to the next year, but employers may cap it to 40 hours. Any unused sick time does not need to be paid out upon termination.

Note: The sick time provisions are valid statewide, but the following cities have additional laws that slightly alter the state law.

Spokane: Employees accrue sick time at the rate of 1 hour for every 30 hours worked.

Overtime

Overtime requirements are not determined by the amount of hours or by the type of pay (hourly or salary); they are determined by the type of work. The FLSA requires domestic workers be protected by overtime laws. The requirements for Washington household employers are as follows:

  1. The standard workweek is defined as 40 hours in a 7-day period.
  2. Washington employees should be paid at least 1.5 times the regular hourly rate (time-and-a-half) for all hours worked over 40 in a workweek. 
  3. Overtime compensation is not required for live-in employees.
  4. Overtime is not required to be paid when work is performed on a holiday.

Mileage Reimbursement

The current federal mileage reimbursement rate is 54.5 cents per mile. This rate, which covers the cost of gasoline as well as general wear and tear on the car, should be used to calculate reimbursement payments to an employee who drives her own vehicle while on the job. Mileage reimbursement is not considered taxable compensation, so neither the employee nor the employer is required to pay any taxes on that portion of the compensation.

Note: Miles driven while commuting to and from the jobsite are not considered on the job. If the employer reimburses the employee for commuter mileage, it is considered taxable compensation.

INSURANCE

Workers Compensation Insurance: Household employers in Washington are required to carry a workers compensation insurance policy if two or more employees each work 40 or more hours per week. Its very important insurance, which assists with medical expenses and lost wages if an employee has a work-related injury or illness. It also provides protection to the employer since workers who accept benefits generally forfeit their right to sue the employer regardless of fault. Whether its required in your situation or not, we recommend obtaining coverage. To acquire a workers' compensation policy, please contact the Washington State Department of Labor & Industries at (800) 547-8367.

Unemployment Insurance: Washington unemployment insurance is a state-managed program that provides financial assistance to help laid-off workers make ends meet until they can find another job. This insurance is funded through taxes that employers are required to pay on wages paid to employees. These taxes flow into a general fund and unemployment benefits are distributed from the fund to employees who are let go from their job due to no fault of their own. The Washington Employment Security Department (ESD) determines whether or not an applicant qualifies for benefits after reviewing their online or paper application and/or by conducting a telephone interview. Benefits paid to a former employee by the ESD may trigger a future tax rate increase for the employer.

Health Insurance: Household employers in Washington are NOT required to pay for their employees health insurance. However, there is a tax incentive to do so. Families with only 1 employee can make contributions toward their employees 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.

Note: Employers with 2 or more employees must purchase a policy through SHOP (Small Business Health Options Program) to gain this benefit. 

Families can direct their employees to www.care.com/benefits where they can search for health insurance policies and purchase coverage for themselves.

 

 

 

The information herein is general in nature and may not be applicable to or suitable for your specific circumstances. Accordingly, the information is not intended to be providing legal or tax advice, and should not be relied upon without the advice and guidance of a professional tax or legal advisor.