private live-in caregiver
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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 7 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.
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