The 2026 Florida Nanny Tax Guide
Hiring a nanny in Florida is simpler than in many high-tax states: there is no state income tax, and wage and hour rules follow the federal Fair Labor Standards Act (FLSA), with one important addition—Florida’s minimum wage is set by Amendment 2 and is rising on a fixed schedule. As a Florida household employer, you must pay at least the state minimum wage (currently $14/hr, with a scheduled increase to $15 effective September 30, 2026), comply with federal overtime rules for non–live-in nannies, and pay Florida Reemployment Tax when liable. This guide and the Florida Nanny Pay Calculator above use only verified data so you can budget accurately and stay compliant.
Wage and Hour Laws: Amendment 2 and Overtime
Florida’s minimum wage is set by Amendment 2 to the state constitution. As of September 30, 2025, the state minimum wage is $14 per hour. A scheduled increase to $15 per hour takes effect September 30, 2026. You may always pay more; the calculator lets you choose the effective date for minimum wage so you can plan for the higher rate.
For overtime, Florida follows federal FLSA standards:
- Non–live-in nannies: You must pay 1.5 times the regular rate for hours over 40 in a workweek. There is no daily overtime in Florida.
- Live-in nannies: Under the federal FLSA live-in exemption, they are exempt from overtime. You pay their agreed wage for all hours worked; you do not add an overtime premium.
State preemption prevents cities (e.g., Miami, Orlando) from setting higher private minimum wages.
Use the calculator’s “Is this a Live-In Nanny?” toggle so it applies the correct rules. For non–live-in, enter your schedule; the calculator applies weekly overtime automatically.
Taxes: No State Income Tax
Florida has zero state income tax. You do not withhold state income tax from your nanny’s pay. The only state employment tax for household employers is Florida Reemployment Tax (the state’s name for unemployment insurance).
Reemployment Tax (SUI)
You become liable for Florida Reemployment Tax when you pay your household employee more than $ in cash wages in a calendar quarter. New employers typically pay 2.7% on the first $7000 of wages per employee per year—a relatively low wage base compared to many states. You pay this as the employer; it is not deducted from the nanny’s paycheck.
Federal Taxes Still Apply
You must still withhold federal income tax (based on the nanny’s Form W-4) and FICA (Social Security and Medicare) from their pay, and you pay the employer share of FICA plus FUTA (federal unemployment) on the first $7,000 of wages. The calculator above estimates all of these so you see true cost vs. take-home pay.
Workers’ Compensation: Voluntary for Most Families
Voluntary for household employers with fewer than 4 employees. Choosing not to carry coverage means you have no statutory cap on liability if your nanny is injured on the job. Many household employers add an endorsement to their homeowner’s or renters insurance or purchase a separate policy. Coverage is highly recommended.
Pay Stubs and Pay Frequency
Florida does not strictly mandate pay stubs by state law, but federal record-keeping requirements apply. You should keep accurate records of hours worked and gross and net pay for each pay period. No state requirement. Must be consistent (Weekly, Bi-weekly, Semi-monthly, Monthly). Providing a pay stub each pay period is best practice and helps with tax filing and any disputes.
The “Nanny Tax” Checklist for Florida Employers
- Obtain a Federal EIN (FEIN) from the IRS.
- Have your nanny complete Form I-9 and Form W-4.
- Register with the Florida Department of Revenue for Reemployment Tax if you will pay more than the quarterly threshold in a calendar quarter.
- Pay on a consistent schedule (weekly, bi-weekly, semi-monthly, or monthly) and provide pay stubs with each payment.
- Consider workers’ compensation coverage even though it is voluntary for households with fewer than 4 employees.
- File Schedule H with your federal 1040 tax return.
Nanny vs. Au Pair in Florida
In the US, a nanny is a household employee: you pay at least the applicable minimum wage, apply overtime rules where required, and withhold and pay FICA, FUTA, and state Reemployment Tax. You file a W-2 and Schedule H. An au pair participates in the J-1 Au Pair program and receives a stipend plus room and board. The calculator supports both W-2 household employees and J-1 Au Pair arrangements.
How to Use the Florida Nanny Pay Calculator
Use the calculator above to estimate your total cost and your nanny’s take-home pay. Enter an hourly rate at or above the current Florida minimum (14/hr), or $15/hr from September 30, 2026 if you select that effective date. When the state has a scheduled minimum wage increase, use the “Effective date for minimum wage” dropdown to choose the rate that applies. Choose whether the nanny is live-in (no overtime) or not (overtime after 40 hours/week). The calculator applies no state income tax, estimates Reemployment Tax at 2.7% on the first $7000, and shows FICA and FUTA so you see 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 Florida Department of Revenue, Florida Constitution Amendment 2, IRS publications, and FLSA guidance for 2026. Data last updated: 2026-02-01. Laws and rates may change; confirm with the Florida DOR or a qualified tax or employment professional for your situation.
This guide is for informational purposes and does not constitute legal or tax advice. Florida labor and tax laws are subject to change. Consult with a qualified employment attorney or tax professional for your specific situation.