AB 5 - Spidell

AB 5

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Message Board AB 5

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    • #220353
      Walter Stedman
      Participant

      Has there been any movement on in-home caregivers?  We have a situation where one lady is contacted about jobs and passes the jobs she can’t handle to other self-employed caregivers.  Are there any employees

      there or are they, independent contractors.  Many hours online and in your really good books, but no clear answer.

      wjs

    • #220439
      Lynn Freer
      Participant

      Caregivers are typically household employees or employees of the company they work for. However, those that come from an agency are employees of the agency even though they haven’t always been treated as such. In your situation, it would seem that your client is more like a referral agency and the caregiver is either self employed or a household worker for the person they are caring for

    • #220635
      Paul Mocker
      Participant

      From the other side – the employer side.

      My client is 99 years old but still sharp.  Her household workers are not with an agency.  They have been treated as contractors and given 1099s.  I spoke with her about AB5 and needing to seek legal advice. Now she is very worried.  At 98 she doesn’t need that stress.

      I don’t want her to seek legal advice. I want her to live (last) her days without these concerns.  What do you recommend?

    • #220636
      Lynn Freer
      Participant

      You have been misclassifying them all along. They are either household employees or they are not. A 1099 is sent by a business for services performed in the trade or business. Generally speaking a caregiver is a household employee and you should be following those rules. AB 5 doesn’t change that.

    • #220638
      Paul Mocker
      Participant

      Thank you Lynn

      Prior to me taking over her taxes, she was paying under the table.  I thought doing 1099 treatment was the best way to keep her safe and to avoid her being hassled by doing payroll.  She gets out of bed about 3-4 times a day and can’t tolerate much.

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