Home care independent contracto

My family pays 2 women to provide home care to our elderly mom. The women set their own hours, pay their own taxes and determine daily activities without our supervision as we all live far away from our mother. We report all payments to an accounting firm which handles mom’s account. The caretakers take turns and between the 2 average about 70 hours a week. We do not pay any benefits. We were told by the very respected accounting firm that the women meet the requirements of independent contractors but thought it prudent to ask have.

Asked on November 19, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is good to check, but if the women do set their own hours and determine their own activites and tasks, and if you do not supervise or manage how they do their jobs, then they do indeed appear to be independent contractors. They operate as contractors or small business whom you pay to do a task, not as employees whom you manage. The degree of control they appear to exercise over their own jobs would make them contractors.


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