The Complete Guide to Paying a Nanny in California (2026)
Hiring a nanny in California involves more than just agreeing on an hourly rate. As a household employer in the Golden State, you are navigating some of the strictest and most complex labor laws in the country. Unlike most states that follow federal weekly overtime rules, California enforces daily overtime, mandatory disability insurance deductions, and city-specific minimum wages that can change drastically across county lines.
This guide works in tandem with our California Nanny Tax Calculator to help you budget accurately, stay compliant with the Domestic Worker Bill of Rights, and avoid costly audits from the EDD (Employment Development Department).
California Nanny Minimum Wage: It's Not Just One Number
One of the most common mistakes California families make is assuming the state minimum wage applies everywhere. While the California state minimum wage is $16.9 per hour (effective January 1, 2026), many cities have passed local ordinances requiring significantly higher pay.
If you live in these areas, you must pay the higher local rate. Common examples include:
- West Hollywood: $20.25 per hour
- San Francisco: $19.18 per hour
- Berkeley: $19.18 per hour
- Los Angeles: $17.87 per hour
- San Diego: $17.75 per hour
- San Jose: $17.75 per hour
Tip: Our calculator allows you to input your specific hourly rate. Always check your city's official labor standards office for the most current rate before making an offer.
Understanding California Overtime: The "9/45" Rule
Federal law requires overtime after 40 hours in a week. California law is different and depends on whether your nanny is classified as a "Personal Attendant."
What is a Personal Attendant?
Under California labor law, a Personal Attendant is a household employee who spends at least 80% of their time supervising, feeding, or dressing a child (or elderly person).
- If your nanny is a Personal Attendant: They are entitled to overtime (1.5x pay) for hours worked over 9 hours in a day OR 45 hours in a week.
- If your nanny is NOT a Personal Attendant (e.g., they spend >20% of time cleaning, cooking, or doing laundry): They fall under General Household Worker rules. They get overtime for hours over 8 in a day OR 40 in a week, and double time after 12 hours in a day.
Example of the Difference: Your nanny works three 12-hour days (36 hours total).
- Federal Rule: No overtime (under 40 hours).
- California Rule: 9 hours of overtime pay (3 hours per day Γ 3 days).
Note: Live-in nannies in California also have specific overtime protections. They generally must be paid overtime for hours exceeding 9 in a day and for the first 9 hours on the 6th and 7th consecutive workdays.
California Nanny Taxes: What You Must Withhold and Pay
California household employment taxes are administered by the EDD. Once you pay a household employee $750 or more in cash wages in a calendar quarter, you become a specialized employer.
1. State Disability Insurance (SDI)
Who pays: The Employee (Nanny). Your role: You must withhold this from their paycheck and remit it to the state. 2026 Rate: The rate is 1.3% of taxable wages. Unlike Social Security, there is no wage cap for SDI. Every dollar earned is subject to this tax. If you fail to withhold it, you (the employer) may end up paying it out of pocket.
2. Unemployment Insurance (UI)
Who pays: The Employer (You). Trigger: Liable if you pay $1000+ in cash wages in a calendar quarter. Rate: New employers typically start at 3.4% on the first $7000 of wages per employee per year.
3. Employment Training Tax (ETT)
Who pays: The Employer (You). Rate: 0.1% on the first $7000 of wages per employee per year.
Workers' Compensation is Mandatory
In California, it is mandatory if your nanny works at least 52 hours and earns at least $100 in the 90 days preceding an injury.
Action Item: Check your Homeowners or Renters Insurance policy. Many California policies automatically include a "comprehensive personal liability" endorsement that covers domestic employees. If yours doesn't, you must purchase a standalone policy from the State Compensation Insurance Fund (SCIF) or a private carrier. Failure to have this coverage is a criminal offense.
Required Paid Sick Leave
California's Healthy Workplaces, Healthy Families Act requires you to provide paid sick leave. Accrual: 1 hour of paid sick leave for every 30 hours worked. Usage: Employees can use up to 40 hours (or 5 days) of sick leave per year. Cities like Santa Monica, San Francisco, and Oakland have even stricter sick leave accrual caps.
The "Nanny Tax" Checklist for California Employers
- Obtain IDs: Get a Federal EIN (FEIN) from the IRS and a State Employer Payroll Tax Account Number from the CA EDD (eServices for Business).
- Verify Eligibility: Have your nanny complete Form I-9.
- File New Hire Report: You must report your new employee to the California New Employee Registry within 20 days of their start date.
- Issue Pay Stubs: California law (Labor Code 226) requires detailed pay stubs. You must list total hours worked, hourly rates, all deductions (SDI, FICA), and available sick leave balances every pay period.
- Quarterly Filings: File the DE 3BHW (Quarterly Report of Wages and Withholdings) with the EDD.
- Annual Filings: File Schedule H with your federal 1040 tax return.
Nanny vs. Au Pair: Understanding the Difference
In the US, a nanny is a household employee. You are the employer: you pay at least the applicable minimum wage, calculate overtime where required, and withhold and pay FICA, FUTA, and state unemployment taxes. You may need to file a W-2 and Schedule H. An au pair participates in the J-1 Au Pair program. They receive a stipend tied to minimum wage, plus room and board. The calculator supports both W-2 household employees and J-1 Au Pair arrangements.
How to Use the California Nanny Pay Calculator
Our calculator above simplifies these complex rules. Enter your hourly rate (ensure it meets your local city minimum). Input your schedule; the calculator automatically applies California's daily overtime logic (over 9 hours/day) if you select "Detailed Daily Schedule." We estimate the standard 7.65% FICA (Federal) and 1.3% SDI (State) withholdings to show you the "True Cost" vs. "Take Home Pay."
Data Sources and Last Modified
Rates and rules in this guide and in the calculator are drawn from the California Employment Development Department (EDD), California Department of Industrial Relations, and IRS publications for 2026. Data last updated: 2026-02-01. Laws and rates may change; confirm with the EDD or a qualified tax or employment professional for your situation.
This guide is for informational purposes and does not constitute legal or tax advice. California labor laws are subject to change. Consult with a qualified employment attorney or tax professional for your specific situation.