Nanny screening questions: household employer rules, FLSA domestic service and what families need to hear
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Nanny screening questions cover two jobs at once. The first is the usual one: can this person safely care for these children, in this home, on this schedule? The second is the one families forget: the family is usually an employer, with tax, wage and record-keeping duties, and the screen is where the candidate's expectations about pay, overtime and being paid on the books come out. An agency that surfaces both early saves a placement that would otherwise fall apart in the first month.
This page is for nanny agencies, household staffing firms and families screening directly. For adult and elder care in the home, see caregiver screening questions; for household roles without childcare, housekeeper screening questions.
Which nanny job is it?
| Arrangement | What changes | Ask the candidate |
|---|---|---|
| Live-out, full time | Federal overtime after 40 hours; set schedule | "What hours have you worked weekly, and how was overtime handled?" |
| Live-in | Federal overtime exemption for household employers only; hours records still required; state rules may differ | "Have you lived in before? How were off-duty hours defined?" |
| Newborn care or infant nanny | Night feeds, safe sleep, sleep schedules | "How many infants have you cared for from birth?" |
| Nanny share | Two families, sometimes two employers; children of different ages | "How were pay and hours split between the families?" |
| Household manager or nanny plus housekeeping | Errands, cooking, laundry, scheduling | "Which household tasks did you own, and how much of the day?" |
The household employer rules the screen should surface
As of October 2026, not legal or tax advice. We checked the federal sources below. State and city laws add to them; families should confirm with a tax professional or the state labor agency.
Taxes and paperwork (IRS Publication 926)
IRS Publication 926 for 2026 lists nannies as household employees when the family controls what work is done and how. If an agency provides the worker and controls the work, the worker is not the family's employee. For a household employee:
- Cash wages of $3,000 or more in 2026 to one household employee trigger social security and Medicare tax withholding and a Form W-2.
- Cash wages of $1,000 or more to household employees in any calendar quarter of 2025 or 2026 trigger federal unemployment (FUTA) tax.
- Wages paid to an employee under 18 do not count toward social security and Medicare unless household work is their principal occupation.
- The family reports household employment taxes on Schedule H and completes Form I-9 to verify the employee's eligibility to work.
Wages and overtime (FLSA)
The Department of Labor's Fact Sheet #79B lists nannies and babysitters among domestic service workers. They must be paid at least the federal minimum wage. Workers who do not live in the employer's home must be paid overtime at time and a half for hours over 40 in a workweek. Live-in domestic service workers employed by an individual, family or household are exempt from federal overtime, but third-party employers such as agencies cannot claim that exemption, and the employer must keep records of the live-in worker's actual hours. The separate exemption for babysitting "on a casual basis" covers only irregular or intermittent work by someone whose vocation is not babysitting (29 CFR 552.5), so it does not fit a career nanny.
State domestic worker laws (two examples)
| State | What it adds | Source |
|---|---|---|
| New York | Overtime at time and a half after 40 hours a week, or 44 for live-in workers; a 24-hour day of rest every seven days, or overtime if the worker agrees to work it; protection under the State Human Rights Law, including a cause of action for sexual or racial harassment. | NY Department of Labor |
| Massachusetts | The Domestic Workers Bill of Rights names nanny services in its definition of domestic work, and employers of domestic workers who work 16 hours or more a week must provide written terms including pay, hours, time off and duties. | M.G.L. c. 149, § 190 |
Other states and some cities have their own domestic worker laws. Check where the family lives, not where the agency is.
Knockout questions
| Question | What a strong answer sounds like | Red flags |
|---|---|---|
| The family has [number] children aged [ages]. Have you cared for that mix before? | Specific: "Twins at 18 months plus a five-year-old, for two years." | Only older children for an infant role. |
| The role includes driving. Do you have a valid license, and will you consent to a driving record check? | Yes, with years of driving and comfort installing car seats. | Unwilling to have the record checked. |
| This position is paid through payroll, with taxes withheld. Is that what you expect? | Yes. | Insists on cash only; the family needs to hear that before an offer. |
| Are you current in infant and child CPR and first aid? | Yes, with the expiration date, or willing to complete it before starting. | "I took it years ago." |
| The schedule is [days and hours], with [travel, overnights]. Can you work it? | Clear yes or a stated limit. | Agrees to everything without asking a question. |
Childcare questions with strong answers and red flags
-
"Walk me through a full day with a toddler and a preschooler."
- Strong answer: a real routine with meals, naps, outdoor time, activities by age, and how they handle the two children's different needs at once.
- Red flags: a day built around screens or errands.
-
"How do you put an infant down to sleep?"
- Strong answer: on their back, in a crib or bassinet with a firm flat surface and nothing else in it, and following the parents' routine within safe-sleep practice.
- Red flags: stomach sleeping, blankets or pillows, or sleeping in a car seat or swing left unattended.
-
"The parents' rules on discipline, food or screens differ from yours. What do you do?"
- Strong answer: follows the parents' rules, raises disagreements privately, and asks for clarity before improvising.
- Red flags: "Kids need structure, and I know what works," with no room for the family's choices.
-
"A child has an allergic reaction at the park. What happens next?"
- Strong answer: follows the child's action plan, uses the prescribed medication if trained and authorized, calls 911, then the parents, and writes down the times.
- Red flags: calls the parents first and waits.
-
"Tell me about leaving a family. Why did it end?"
- Strong answer: a clear reason (children started school, family moved) and a reference from that family.
- Red flags: several short placements, each ending in a dispute, and no references.
How nanny experience gets overstated
- Occasional babysitting counted as nanny years. Ask for hours per week and the length of each job.
- Family references from relatives. Ask how the candidate knows each reference, and use a structured reference call script.
- Newborn experience from their own children only. Valuable, but different from caring for someone else's infant to their rules.
- Household management that was a grocery run. Ask what they scheduled, paid for or managed.
Knockout checklist and scoring
Pass or fail
- Experience with the children's ages.
- Driving, CPR and first aid as the role requires.
- Agrees to the background and driving record checks.
- Pay expectations, payroll and schedule match the family's offer.
Scored 0 to 2 each (10 possible)
- Daily routine by age.
- Safe sleep and emergency answers.
- Follows the parents' rules.
- Communication with parents.
- Tenure and references.
Lawful phrasing
Federal Title VII applies to employers with 15 or more employees, so a single family is often not covered, but it separately makes it unlawful for an employment agency to classify or refer candidates because of race, color, religion, sex or national origin (42 U.S.C. 2000e-2(b)). State laws such as New York's also reach domestic workers. When a family asks for a nanny of a certain age, religion or background, the agency should not filter on it. Background checks through a screening company need the FCRA disclosure and authorization first; see the FCRA background check process. Do not ask whether the candidate has children or plans to; ask whether they can work the schedule.
Questions people ask
Is a family that hires a nanny an employer?
Usually, yes. IRS Publication 926 lists nannies as household employees when the family controls what work is done and how. For 2026, a family that pays one household employee cash wages of $3,000 or more must withhold and pay social security and Medicare taxes, and FUTA applies if it pays $1,000 or more in total cash wages to household employees in any calendar quarter. If an agency provides the worker and controls the work, the worker is not the family's employee.
Do nannies get overtime?
Under the FLSA, domestic service workers, including nannies, must get at least the federal minimum wage. A nanny who does not live in the employer's home must also get overtime at time and a half for hours over 40 in a workweek. A live-in nanny employed directly by a family is exempt from federal overtime, but third-party employers such as agencies cannot claim that exemption. State law may require more; New York, for example, requires overtime after 44 hours for live-in domestic workers.
Does the babysitting exemption apply to nannies?
Generally not. The FLSA exemption covers babysitting on a casual basis, which 29 CFR 552.5 defines as irregular or intermittent work not performed by someone whose vocation is babysitting. A career nanny working a regular schedule does not fit that definition.
Can a family run a background check on a nanny?
Yes, but if the family or agency uses a background check company, the federal Fair Credit Reporting Act requires a standalone written disclosure and the candidate's written authorization before the report is ordered, and pre-adverse action steps before rejecting someone because of it. State and local laws can add limits.