Legal Question in Employment Law in Colorado
Employee working at home
We have an employee who works in the office half time and at her home half time. It has come to my attention that some of her at-home work is actually performed by her husband, who is not an employee. He does the work on a regular basis, not just occasionally. Are there employment issues we need to address in this situation?
1 Answer from Attorneys
Re: Employee working at home
You have a potentially big problem, too complex to address here. The biggest issue(s) are wage and hour claims, benefits exposure, taxes and workers comp laibility, possibly constructive discharge if you change the working conditions, and since you know of the situation, tacit agreement on your part as employer. You should take prompt action to prevent the situation from continuing, and correct the situation. The "action" might include a number of things, which I am reluctant to put forth here without further information. I am a Colorado attorney and would be happy to discuss options.
Dymond Steven
Steven H. Dymond P.C.
1444 Wazee Street, Suite 335
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