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:
- Discrimination claims
- Homeowners’ and renters’ insurance coverage disputes
- Overtime claims
- Penalties for failure to provide WC or DB insurance
- Tax controversies
- Unemployment insurance claims
- Uninsured workers’ compensation claims
We encourage you to schedule a Consultation with us (or an attorney with experience defending Worker Misclassification 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:
- Six Things You Must Know Before You Hire Your First Workers
- Four Things You Need to Know About Worker Classification
- Nine Reasons Not to Hire Undocumented Workers
- Five Issues the NYS WCB Doesn’t Care About in the Claim Against You
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.
Nance L. Schick, Esq. is a New York City attorney and mediator who focuses on keeping people out of court and building their conflict resolution skills, especially in business and employment disputes. Her holistic, integrative approach to conflict resolution draws from her experience as a crime victim, human resources supervisor, minor league sports agent, and United Nations representative. She is a 2001 graduate of the State University of New York Buffalo Law School trained in Alternative Dispute Resolution (ADR) by the Equal Employment Opportunity Commission (EEOC), Financial Industry Regulatory Authority (FINRA), and International Center for Ethno-Religious Mediation (ICERM). She is also creator of the Third Ear Conflict Resolution process, author of DIY Conflict Resolution: Seven Choices and Five Actions of a Master, and an award-winning entrepreneur, who has been acknowledged by the New York Economic Development Corporation/B-Labs (Finalist, Best for NYC 2015 & 2016), U.S. Chamber of Commerce (2015 Blue Ribbon Small Business), Enterprising Women Magazine (Honorable Mention, 2014 Woman of the Year awards), and Urban Rebound NY/Count Me In (Finalist, 2013 Pitch Competition).