How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26768
Experience:  Employment Law Expert
Type Your Employment Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I was approached by two families looking for shared before

Customer Question

I was approached by two families looking for shared before and after school care for their combined 4 children. After doing research into the different job descriptions that cover my role as a care provider I reached out to them about the tax obligations they would have. I saw on the IRS website that I would be classified as a household employee because they are giving me a job description, hours and days to work specifically with daily duties and responsibilities out of their house(s), as well as paying me a wage specified by them on days specified by them. They are insistent that I would be classified as an independent contractor. Is this legal?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

No, they are really incorrect. The IRS isn't cracking down on household employees yet but they will at some point.

Dwayne B. :

The issue is whether they have the right to control the way the work is done and when.

Dwayne B. :

Just calling someone an independent contractor does not make it so.

Dwayne B. :

The specific definition of an independent contractor can be found at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined

Dwayne B. :

The IRS does stress that it depends on the facts but there is nothing about your situation that would indicate you are an independent contractor.

Dwayne B. :

That one specifically discusses household workers.

Dwayne B. :

The key in that publication is the language "The worker is your employee if you can control not only what work is done, but how it is done."

Customer:

They asked me to create a contract specifying the duties that I would perform for them/their families as a care provider and said that in essence I would be contracting their services. I told them that as parents they have specific rights towards the care and treatment of their children that I cannot legally be responsible for, (discipline, safety concerns ect.) So in essence, with the information you have provided me based off the IRS guidelines, there is no legal way for me to be classified as an independent contractor if I am performing the job duties they have given to me? (Job duties being: dropping off kids in morning, picking up in evening from school, art, crafts, projects, homework tutoring, fieldtrips with parents, specific days and hours, requiring me to be available at any time during the day in case a child gets sick {preventing me from getting another job if I chose} meal time prep and feeding ect...) Is that correct?

Dwayne B. :

That is my understanding of the IRS rules and the way they are interpreting them. Those two publications are pretty clear.

Dwayne B. :

The problem is that the IRS has been lax in the enforcement for years and so people just think that if they designate someone an independent contractor then they are.

Dwayne B. :

That's just not true.

Customer:

Thank you for your time! I appreciate your clarification on this matter, I wasn't sure if I was misinterpreting the information or not.

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26768
Experience: Employment Law Expert
Dwayne B. and 8 other Employment Law Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Best wishes to you.
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.