Domestic Employment includes elderly companions, home health aides, housekeepers, and nannies. Depending on the number of hours they work for you, whether they live in your home, and whether they are employees or owners of a separate business, you might need to provide workers compensation (“WC”) and disability (“DB”) insurance. You might also be responsible for income tax withholdings, overtime pay, and payroll taxes. You might have the same requirements of any other employer:

  • Issue Department of Labor (“DOL”) notices
  • Display DOL and Workers’ Compensation Board (“WCB”) posters
  • Review documents proving authorization to work in the United States
  • Maintain employee files, including fully-executed I-9 forms

In collaboration with employment lawyers, a tax attorney, insurance carriers, and the WCB’s Advocate for Business, we often resolve the below Domestic Employment conflicts:

We encourage you to schedule a Consultation with us (or an attorney with experience defending Worker Misclassification issues) to discuss your risks, before you hire any domestic workers, regardless of the number of hours you expect them to work or whether you plan to use a “service” (which might not serve the same employer role as an “agency”).

For more guidance on this topic, see the below blog posts:

NOTE: This page and website contain attorney advertising and a general overview of domestic employment. It is not legal advice. If you require information or advice applied to your unique situation, please make an appointment to discuss it with an attorney experienced with the subject matter. Don’t rely solely on what you read on the Internet. Ever.