Legal Question in Business Law in California

Re: Hiring Part-Time Employee For Day Care

Two very different questions with different answers. Your assistant at the day care center would likely be an employee. Workers comp requirements would apply. So many things to look at. Underage persons may be problem under CA law and if you do a proper investigation on the individual and a child is abused, etc., etc., you may be liable. Many questions to discuss, these just scratch the surface. Call for appt. 800-685-6950. Re computer person...probably not considered employee but independent, one shot deal. Homeowners should defend and cover if a problem. If you know or should know about a potential problem, ie wiring that would cause electrocution, etc., you should resolve the problem. 800-685-6950

Re: Hiring Part-Time Employee For Day Care

Whether someone who works for you is your employee or your contractor depends upon about a dozen factors, perhaps more, which would be given differently-weighted consideration by the authorities. Among the factors, some of the more important are the amount of independent judgment and discretion the worker may exercise, who sets the hours and rules, whether the worker performs the same trade or occupation for others, permanency, whether the worker appears to be running a true business of his/her own (keeping books, filing tax returns, has own business premises, etc.), whether the worker supplies own tools, the nature of the agreement between the parties and the parties' intention.

Merely having a contract in place does not settle the question, since many true employees have contracts of employment with their employers.

You need to be concerned not only about workers' comp., but also unemployment insurance, payroll and income tax, and public liability issues.

You might consider getting the help you need through a reputable temporary agency; that way you would have someone handling most of the issues for you.

Since day care is an especially sensitive area of employment (as to competency and qualification of workers), using a licensed, insured and reputable agency might be your best choice.