Legal Question in Business Law in California

Hello there,i just registered my dba business and i am willing to hire a person.i can afford workers comp and my i am hiring only 1 person how can i do that without w2?

Asked on 11/03/13, 10:24 am

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You can't without breaking the law.

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Answered on 11/03/13, 11:59 am

Kelvin Green The Law Office of Kelvin Green

Use an employee leasing company.. May be cheaper in the end. They take care of all of that

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Answered on 11/03/13, 7:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As to workers' comp., you may be able to avoid it by making the employee a co-owner, but this raises a new set of problems, especially if you are now a sole proprietorship, because you'd become a general partnership (can be risky). Speak with your insurance agent (one that is familiar with workers' comp. laws in California). The subject of payroll taxes and withholding is a separate discussion, and probably not legally avoidable except, within limits, by retaining your helper as an independent contractor rather than an employee. Understanding how the taxing authorities differentiate between employees and contractors, and observing the distinction, is not al that simple, especially as you work close to the borderline. Those self-help law books on starting and running your own business would probably be helpful to you, both on this issue and on other practical problems that will arise later. (Try Nolo Press, for example; there are others).

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Answered on 11/04/13, 4:54 pm

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