Legal Question in Employment Law in California

I would like to hire someone - specifically a walker who can shadow my Mom when she goes out for walk in the morning and evening. My Mom is 85 years old and I am concerned that she may fall and there may not be anyone to help her if that happens. I would like to hire someone who can walk for a specified period of time say 1 hr each in the morning and evening with my Mom but don't care who it is. In other words, I would like to give a contract for that period of time to a person and tell him/her that they need to complete that task - either by themselves or send a trusted replacement. Obviously I am not able to provide any benefits like vacation, health insurance but they will be guaranteed a minimum wage. I would like to know whether the person who I hire is a contractor or an employee. Thanks.


Asked on 7/08/14, 11:54 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

if the walker had a business doing that, with other clients, it could be an IC relationship. If this is their only client, not a business, then it would be an employee, with all the same legal issues as hiring a day laborer such as housecleaner or gardener. For your safety, WCAB is required, as is tax reporting and withholdings if they make above a certain amount per pay period. Check with your tax preparer for firm figures.

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Answered on 7/08/14, 1:42 pm


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