New parents with a nanny—are you paying under the table or keeping everything above board? Worried about cost (in an HCOL area) versus potential fines, disbarment, etc.

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85% of people I know in NYC are under the table.

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Same is true where I am (HCOL)

You know the answer you’re going to get from a board full of risk averse rule-fetishizers. (As one myself, I’d just do it above board.)

likefunnysmart

I mean, there are a lot of risks if they get caught. DOL and IRS penalties are not light.

smart

I don’t know a single person paying a nanny under the table. My friends are all spooked by the potential IRS issues of doing that.

likefunny

Obviously above-board. Yes, I'm a risk averse lawyer, etc. but I also take my responsibilities seriously. I won't judge non-lawyers who choose to employ someone undocumented, for example, but I a) hold myself to a higher standard of legal compliance given the commitments I've made as a member of a bar and b) absolutely judge people who choose the under-the-table option simply to dodge taxes.

Besides, the costs are not significant. You can pay an online service like $75 a quarter to handle all the paperwork and payroll, and the only other cost you're paying over the amount you agreed to pay your household employee is the employer's payroll taxes, which are 7.65% plus miniscule amounts in state unemployment insurance taxes.

likefunny

Btw, we use poppins payroll and it’s only $50/mo

Another great reason not have kids

likesmartfunny

It's so cute and adorable to watch all these K-JDs with zero life experiences before BL and zero street smarts to ask "hey should i crime"?

likefunny

Yeah. And it’s fraud under so no statute of limitations.

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Has anyone actually been disbarred for paying a nanny under the table? I know that there have been several prominent withdrawals of nominations, but I’m not sure I’ve heard of any disbarments.

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I’m just saying that I’m aware of a number of lawyers being caught for doing this and not aware of any disbarments that have resulted (or even been considered).

We pay above board, for both our protection but also the nanny’s. The nanny gets paid medical, parental, family care, etc. through the state and qualifies for unemployment. The real challenge is finding a nanny who wants (and is eligible) to work above board. I would guess 80% of the nannies we contacted required under the table pay.

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By the way you people are extremely lucky that US bar associations only care about lawyers stealing client money. Can you guess what happens in other civilized countries? They employ underemployed lawyers to go after you for using the F word.

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We’re not a civilized country, man!

likesmart

Above board. Daycare isn’t the worst thing in the world.

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You've gotta ask yourself just one question:

Well, do ya, punk?

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If you have a dependent care FSA account, nannys are eligible expenses, just FYI.

We keep everything above board using a payroll service.

Just get one from abroad lives w you

Above board. Used Home Pay to administer it and my firm actually had an explainer. I know a lot of non-lawyers that pay under the table, but we didn’t feel comfortable (also my husband was a govt atty).

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