A woman visits with my elderly dad between 5-10 hours a week when she can make it over to his house. Sometimes she cleans up, sometimes drives him to store or takes him out to eat. Each weekend she tells me how many hours she spent there and I send her a check. Does that make her an employee or contractor in the eyes of the State of California?
1 Answer from Attorneys
If she is an individual not a business entity then yes it is very possible that she would be classified as an employee as opposed to an independent contractor.
If, however, she is making her own hours and is not in any way controlled by anyone else regards to how she preforms her job there might be an argument to make. Either way it does not mean that you will have a problem, but if for example, she complained at the department of labor it could be an issue for sure.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your situation in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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