Virginia Employer Checklist
We’ve got you covered on the payroll end. Please read carefully the following resources and information to help keep you in compliance with other VA laws.
Resource: Virginia Household Employers
VA household employers are not required to maintain workers’ compensation insurance coverage, which covers on-the-job injuries and illness and is not part of payroll. You may elect to have coverage because you could still be exposed to civil lawsuits brought by employees who are injured during work. This insurance is typically provided under your homeowner’s or renter’s insurance policy, and you might already have coverage. Please check in with your insurance provider to be sure you are sufficiently covered. You may need to add a rider to your policy depending on the number of hours your employees work each week.
Federal law requires that all employers request this form to be completed by the prospective employee. Don’t submit it to anyone, just keep it with your employer records in case of an audit.
I-9 form: https://www.uscis.gov/i-9
W-4 form: https://www.irs.gov/pub/irs-pdf/fw4.pdf
To be sure your employee doesn’t get an unexpected tax bill, or have too much withheld, have them complete a W-4 form when they are hired, or anytime they experience a change in their withholding requirements (marriage, birth of child, additional income, etc.). You can update your employee’s profile in the Nest Payroll app at anytime during the year.
Virginia Unemployment Compensation Act Notice
The poster in English: http://www.vec.virginia.gov/pdf/vecb29eng.pdf
and Spanish: http://www.vec.virginia.gov/pdf/vecb29sp.pdf
You can review other VA Employment Notices to see if they may apply to your employee.
Having an agreement reduces awkwardness and misunderstandings, especially as things come up you just didn’t anticipate. If you don’t have an agreement with your employee, you can download this one and modify for your situation. This one is for a nanny, but you can easily change out the role of the employee, such as for a housekeeper or caregiver, making it work for you.
Additionally, Hand In Hand, a non-profit we love that supports domestic employers + employees, is a great resource for tackling all sorts of challenges that come with household employment, creating a more dignified and respectful workplace for all. Please take advantage of their excellent and free sample contracts and guide books.
PAID SICK TIME: NOT REQUIRED
Paid sick time is not required but can always be offered in your work agreement at your discretion. Allowance for sick time hours can be entered when you add your employee. When sick time is used, simply enter the hours in the Nest Payroll app when creating a paycheck.
VACATION TIME or PAID TIME OFF: NOT REQUIRED
Paid vacation time is not required, but it could be an important benefit to offer. If you do, simply enter the total agreed upon hours when you add your employee. When taken, Vacation/PTO hours can be entered in the Nest Payroll app when creating a paycheck.
MINIMUM WAGE: REQUIRED BY LAW
All household employees are classified as hourly (non-exempt) and are subject to minimum wage protections. To check if your city has a higher minimum wage requirement than the state, click on the following:
The Economic Policy Institute - Minimum Wage Tracker
OVERTIME: REQUIRED BY LAW
Overtime of 1.5x the hourly rate for any hours worked in excess of 40 hours in a seven-day period, based on the Fair Labor Standards Act. Overtime is not required for live-in employees or hours worked on a holiday.
The information provided on this page is general in nature. This is not to be taken as tax, legal, benefits, financial, or HR advice. Since rules and regulations change over time and can vary by location, consult an attorney or financial advisor for your specific situation.