Maryland Household Employment
Household employers need to comply with tax, wage, and labor laws that affect nannies, in-home senior caregivers, and other household employees. While federal laws cover employers in all states, there are also state- and city-specific regulations that employers must follow. Here’s what you need to know about Maryland household employment.
Household employees must be paid at least the highest of federal, state, or the applicable local minimum wage rate. Maryland’s state minimum wage of $11.60/hour applies in most locations. That rate will increase by $0.60/hour every January 1 until 2026.
In Montgomery County, the minimum wage is $13/hour for employers with 10 or fewer workers. This rate will increase to $13.50/hour on July 1, 2021. Employees aged 18 and under who work less than 20 hours per week are exempt from this rate.
Household employees in Maryland are required to be paid at least time and a half for hours worked over 40 in a seven-day workweek. Overtime compensation is not required for hours worked in excess of eight hours in a day, during weekends, or on holidays. Live-in employees are not excluded from Maryland’s overtime laws.
State Unemployment Tax & Rate
In Maryland, the new employer SUI (state unemployment insurance) rate is 2.60 percent on the first $8,500 of wages for each employee. Employers with previous employees may be subject to a different rate. This an employer-only tax.
Workers’ Compensation Insurance
Household employers in Maryland are required to have a workers’ compensation policy for any household employee whose earnings are $1,000 or more in any calendar quarter from a private household. Household employers and their workers may jointly elect for coverage, even if the employee doesn’t meet the earnings requirement. Get a quote on workers’ compensation insurance.
All household employers need to follow certain federal regulations including:
Fair Labor Standards Act (FLSA) Classification Guidelines
- Household workers are considered employees and not independent contractors. Learn more about misclassifying employees as independent contractors.
- Household workers are also non-exempt employees, which means they receive overtime pay of at least time-and-a-half for hours worked over 40 per workweek. Learn more about overtime pay.
Social Security and Medicare taxes are commonly referred to as FICA taxes. If you pay cash wages of $2,300 or more to any household employee in a calendar year, then you need to withhold and pay FICA taxes. FICA taxes are 15.3 percent of cash wages. As an employer, you pay 7.65 percent (6.2 percent for Social Security and 1.45 percent for Medicare). Your employee's share is also 7.65 percent, which you can withhold from their wages or choose to pay it yourself. You don't withhold or owe FICA taxes on wages you pay to your spouse, child under the age of 21, parent, or any employee under the age of 18 at any time during the calendar year.
Federal Unemployment Tax (FUTA)
If you pay a household employee total cash wages of $1,000 or more in any calendar quarter, you'll owe federal unemployment tax. This is an employer-only tax. FUTA is six percent of cash wages on the first $7,000 you pay an employee.
If your employee uses their own car in the course of their work, you can reimburse them for mileage. For 2021, the IRS has set the optional standard mileage rate at 56 cents per mile driven. Paying mileage is not mandatory or you can reimburse your employee at a different rate. However, if the cost of mileage causes your employee to fall below minimum wage, then you need to reimburse them for mileage.
GTM Can Help with Maryland Household Employment
Call (800) 929-9213 for a free, no-obligation consultation with a household employment expert. We’ll answer all your questions and show you how to comply with wage, tax, and labor laws as a household employer. Or, if you’re ready to have GTM Payroll Services handle it all for you, get started with our nanny payroll and tax service.
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Free Resources on Household Employment
- Nanny Tax Calculator
- Nanny Tax Guide
- Tax Forms
- Tax Calendar for Household Employment
- Free eBook Chapter: Managing Payroll and Taxes
- Payroll & Holiday Calendar
- Guides & Checklists
- Employer Responsibilities
- Domestic Workers' Rights
- Workers' Compensation Requirements
- Government Websites for Household Employers