Roles, FLSA Classification & the Agreement Clauses Most Miss
Version 1.0 · Last reviewed July 2026 · Review cadence: Monthly (tax figures: every tax year)
ROLE COMPARISON QUICK CARD
Sitter — Fits hourly, casual, irregular work; paid hourly. Most are W-2 employees of the family; only the narrow ‘casual’ exemption escapes FLSA minimum-wage and overtime rules.
Nanny — Fits ongoing work whose primary scope is childcare; paid hourly with guaranteed weekly hours, or a salary structured to comply with overtime law. W-2 employee; minimum wage applies to all hours; overtime at 1.5× over 40 hours/week unless live-in (live-in exempt from overtime only).
NCS — Fits newborn-only, time-limited work (typically 0–6 months); premium hourly or daily rate, overnight or 24-hour shifts. W-2 in most arrangements; contract should have a defined end date or transition.
Household Manager / Family Assistant — Fits childcare plus household operations and admin; salary or hourly, usually higher than nanny-only because of expanded scope. W-2 employee; track hours carefully, as overtime applies on non-exempt classifications.
Governess / Educator-Nanny — Fits education-led care, often school-age; salary, with a premium for credentialed educators. W-2 employee; often requires a teaching credential or formal early-childhood qualification.
FIVE CLAUSES MOST AGREEMENTS MISS — ADD THEM TO THE SIXTEEN SECTIONS
TRAVEL AND OVERNIGHTS. Rate for travel days and overnights, who pays expenses en route, sleeping arrangements (own room), and whether travel is optional or expected.
SLEEP-TIME PAY FOR OVERNIGHT CARE. Whether and how sleeping hours are paid. FLSA sleep-time rules for domestic workers are technical and depend on live-in status and interruption patterns — this clause is exactly what the attorney review of this agreement is for.
CAMERAS AND RECORDING CONSENT. Where cameras are, whether they record audio (state consent law — Unit 7), and a written acknowledgment both sides sign. Surprise surveillance poisons trust; disclosed surveillance is just a fact of the modern home.
EXPENSE REIMBURSEMENT. Method (app, receipts, petty cash), timeline, and mileage at the current IRS standard rate when the caregiver drives (the rate changes annually — live card).
WORKERS’ COMPENSATION. Whether the family carries a policy. Several states require it for household employers; it protects both sides when a caregiver is injured at work. State-dependent — verify.
FLSA rules for domestic workers are under active federal rulemaking — attorney review before reliance.