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MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6135
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I own and operate a small Thai Cafe in Tennessee. Recently

Customer Question

I own and operate a small Thai Cafe in Tennessee. Recently a person from DLWD workman's compenstion specialist visited my place and asked if I had workmans comp. I did not have WC. The reason being was I understood that if I did not have over 5 employees that it was not required. Thus I don't have any employee's only immediate family members that volunteer there time with no pay or benefits. They are all here legal with work permits. They (family) are here on a temp basis and return to Thailand. Evan though a couple are living at my house the W.C. officer says that this means they are recieving benifits and by law I have to have W.C. But only 4 family members are living with me and my wife. The others live on there own with there husbands an wives. So can someone help me with this situation. They are talking Penalties ect...
Submitted: 6 years ago.
Category: Employment Law
Expert:  MDLaw replied 6 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

How many family members do you have working for you?
Customer: replied 6 years ago.
Thru out the year from 2-1-10 until present has varried from 3 to 5 including myself. Some volunteered for only short periods of time. Now there are only 4 not including myself. But when the person from Tennessee Dept. came to my business my Uncle told him 6 but may not have understood the question because his english is not good.
Expert:  MDLaw replied 6 years ago.
If you currently have 4 employees, then you would not need to have worker's comp insurance. However, if you have 5 employees or more, you are required to have workman's comp insurance. The definition of employee in TN under the workman's comp law is anyone who provides a service to the employer. Therefore, family members would be included under that definition.

You need to give them proof that you only have 4 employees and explain to them why they were told differently when they visited.