private live-in caregiver

Get Legal Help Today

 Secured with SHA-256 Encryption

private live-in caregiver

I was hired by a family to be a private live-in caregiver six months ago for the
elderly mother. The daughter who hired me now says it’s a violation of the
labor laws to hire a caregiver except through an agency. Is this true?

Best regards, Frances Ghodsi

Asked on July 30, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, that is not even remotely true: a person may hire a live-in caregiver directly and not through an agency. Of course, the person then has to make sure they properly withhold taxes from the paycheck and remit that to the government; make unemployment contributions; will have to pay overtime when the caregiver works more than 40 hours in a week; etc. So it is a legal and accounting headache to hire a careiver directly--it's easeir to let an agency do these things and simply pay the agency--but  it is legal to do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption