Once you decide to pay your nanny on the books, the next question is how often. Weekly and biweekly (every two weeks) are the most common choices for families. Here is how they compare and the rules that can make the decision for you.
Start with your state
Federal law does not set a pay frequency for nannies, but states do, and some are strict:
- New York: The Department of Labor says employers must pay domestic workers each week.
- California: Wages generally must be paid at least twice a month. Weekly or biweekly pay periods must be paid within seven calendar days after the period ends. Live-in household workers who are boarded and lodged may be paid monthly.
- Other states have their own rules. Check your state labor department before you choose. If your state requires weekly pay, the decision is made.
How overtime works with a biweekly schedule
This is the part that trips up families. Under the federal Fair Labor Standards Act, overtime is figured one workweek at a time. The Department of Labor says each workweek stands alone, and you cannot average hours over two weeks.
Example: your nanny works 50 hours in week one and 30 hours in week two. That is 80 hours over the two weeks, but it is not "no overtime." Week one has 10 overtime hours under federal rules, and week two has none.
So a biweekly stub should show hours for each week, or at least regular and overtime hours calculated week by week. Some states add daily overtime. For example, California personal attendants earn overtime after 9 hours in a day or 45 in a week.
Note: under federal rules, live-in domestic workers are exempt from FLSA overtime, but many states still require it. New York, for example, requires overtime after 44 hours for live-in nannies.
Weekly pay: pros and cons
Pros
- Matches how overtime is calculated, so each stub is simple.
- Required in some states, such as New York.
- Steadier cash flow for your nanny, which many nannies prefer.
Cons
- Twice as many stubs and payments to manage.
- More chances for small errors if you calculate by hand.
Biweekly pay: pros and cons
Pros
- Half as many payments and stubs.
- Lines up with many parents' own paychecks.
Cons
- You still need to track overtime week by week.
- Not allowed in every state.
- A longer wait for your nanny, especially at the start of the job.
What every stub should show, either way
Regardless of frequency, a good nanny stub includes the pay period dates and pay date, your name and address, your nanny's name, hours worked and rate (with overtime on its own line), gross pay, each deduction, and net pay. Many states have their own required list; see Household employee pay stub: what to include.
Does pay frequency change the nanny tax?
No. The federal thresholds in IRS Publication 926 are based on cash wages paid in the year: $3,000 or more to one household employee in 2026 for Social Security and Medicare, and $1,000 or more in total household wages in any calendar quarter for federal unemployment (FUTA). Weekly or biweekly, the yearly totals are the same.
Make each stub in a few minutes
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FAQ
- Is it legal to pay my nanny every two weeks?
- In many states, yes. Some states, like New York, require domestic workers to be paid weekly. Check your state labor department.
- Can I average hours across two weeks to avoid overtime?
- No. Federal overtime is calculated per workweek, and each workweek stands alone.
- Should a biweekly stub show each week's hours?
- It's the clearest way to show overtime was figured correctly, and it makes questions easier to answer later.
- Can I switch from biweekly to weekly?
- Generally yes, as long as your state's rules are met and you tell your nanny in advance. Some states require written notice of pay changes.
For real wages only. Use StubzPro to document pay you actually paid. Never create a stub to show income that was not earned. Doing so can be illegal.
This guide is general information, not legal or tax advice. Figures are for 2026 and can change. For your situation, talk to a tax professional or your state labor department.
Sources
- U.S. Department of Labor, 29 CFR 778.104 (Each workweek stands alone): https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-778/subpart-B/section-778.104
- U.S. Department of Labor, Fact Sheet #79B: Live-in Domestic Service Workers Under the FLSA: https://www.dol.gov/agencies/whd/fact-sheets/79b-flsa-live-in-domestic-workers
- New York State Department of Labor, Facts for Employers of Domestic Workers: https://dol.ny.gov/system/files/documents/2021/12/facts-for-employers-of-domestic-workers_1.pdf
- New York State Department of Labor, Domestic Workers' Bill of Rights: https://dol.ny.gov/domestic-workers-bill-rights
- California Labor Commissioner, Paydays, pay periods, and final wages: https://www.dir.ca.gov/dlse/faq_paydays.htm
- California Labor Commissioner, Domestic Worker Bill of Rights (AB 241) FAQ: https://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.html
- IRS Publication 926 (2026), Household Employer's Tax Guide: https://www.irs.gov/publications/p926