Legal responsibilities when employing childcare help

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Legal responsibilities when employing childcare help

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There are a couple of big pitfalls that families run into if they don't treat their domestic help as employees. The first comes in the realm of waged hour shifts. So, if you're not paying someone properly, you're not paying them proper overtime, if you're not giving them appropriate meal and rest period when required, if you're not withholding payroll taxes and paying employer's portion of payroll taxes, you're violating all kinds of laws. So, there are civil penalties. There are potential tax penalties. Also, if you don't treat someone as your employee and you don't have them covered under your workers' compensation plan, if someone is injured in your home while they're working for you, then you have potentially self-insured them for any disability or injury that they may have incurred.

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Lisa Pierson Weinberger

Attorney

Lisa Pierson Weinberger is the founder of Mom, Esq., a legal practice dedicated to helping parents understand and maximize their maternity leave benefits, have peace of mind when hiring employees in their homes, and find a good work/life balance when they return to the workplace after having a baby.  Prior to founding Mom, Esq., Lisa spent seven years working at the entertainment law firm of Greenberg Glusker working as an employment lawyer with many of Hollywood's A-List celebrities.  She counseled on matters related to large domestic staffs, advising on the hiring process, backgrounds checks, wage and hour issues, counseling, discipline and terminations, and preparing employment applications, offer letters and a variety of agreements including employment, confidentiality, arbitration, severance and release agreements. Lisa has a Bachelors in Psychology, with Honors, from Washington University in St. Louis, and a J.D. from the UCLA School of Law where she served on the UCLA Law Review.

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