Legal Question in Personal Injury in California
I am using this home helper/live in maid for housekeeping, cooking and babysitting. We usually pay cash and now she wanted to be paid by check? I feel a little fishy here. is there something going on? she gets paid by check and then go to lawyer to sue me for something? if she gets injured in my home I will be sued? she is 60 years old, she can work but this senior people worries me.
1 Answer from Attorneys
Being paid in cash is a common means to avoid paying taxes like social security and makes it really hard for them to prove they are eligible for social security or unemployment benefits. A paycheck also establishes a record of pay which is useful for a wage dispute.
Note if the live in housekeeper spends more than 20% of their time or more not personally attending someone (i.e. like babysitting) but domestic work like cleaning they are required to get paid overtime (pay at time and half) when they work more than 45 hrs a week, more than 9 hours a day, or working more than 5 consecutive days a week and double overtime in certain situations like more than 12 hours in a day. Keep track of her hours and pay accordingly if she's entitled to overtime.
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