Legal Question in Business Law in California
Hi, I just moved to california and am opening a Lingerie Maid Service. Heres what I need to know... I have many woman interested in the position, I want to put them on the website and I want to promote the page for them so they receive business, and I'll charge them a fee for every job due to my time promoting. That will be my profit. I need to know if I should have a contract for them to sign or how to go about it legally saying that these woman are basically Self-Employed and are accepting evey job we find under their own will and if something were to ever happen that I am not responsible. Also I need it to state that I am just promoting for these woman and that there is a fee for it, website maintenance and all, and that is how I make my money. How would I go about this?
6 Answers from Attorneys
You would need them to sign an independent contractor agreement with the proper language. I suggest forming an entity for your business for added protection.
As soon as one of 'em hurts their back they will be in workers comp court claiming they were employees, the court will rule in their favor, and you'll be on the hook for thousands of dollars plus penalties for not having comp insurance. Look up the IRS 21 Rules for determining who is and is not an independent contractor. It will be the substance of the relationship that counts, not what you can get them to sign.
If you intend to run a business, then do it correctly and hire an attorney to set up all your documentation, policies, etc. No amount of free 'tips and hints' from here or anywhere else are going to help you do so properly to avoid civil and criminal problems.
I agree with the prior three answers. You should hire a competent attorney to draft a contract for the maids to sign. Do not try to use an off-the-shelf contract, since your business involves unusual risks that a standard contract probably would not address.
There are a number of other potential legal problems awaiting you, though, so you will want your lawyer to look out for you in general. Hiring counsel just to draft the contract will not adequately protect you from foreseeable risks.
Feel free to contact me directly if you want to discuss your needs further.
Ditto on most of the above advice. Hire a good business attorney and work with him or her to properly set up the business, create the right language for the website, and draft good agreements with the independent contractors and customers.
As a Franchise Attorney I agree with the other answers. In addition, you need to consider the entire topic and liability for sex harassment, etc. claims. With a lingerie maid service, you can pretty much guarantee these will happen, and probably on a regular basis. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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