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The live in wage is not hourly, it's daily. In the NYC metro, it's between $125-175, so $150 average. I guess you'd have to figure out the value of the free room/board and deduct it since you're not there just to work and rely on the housing.
Correct me if I'm wrong guys, but isn't there a law in place that she has to make some kind of cash, lest poor old man gets labelled as human enslavement?
I know she's not looking to do anything to hurt him, but I just thought I'd heard this somewhere.
Correct me if I'm wrong guys, but isn't there a law in place that she has to make some kind of cash, lest poor old man gets labelled as human enslavement?
I know she's not looking to do anything to hurt him, but I just thought I'd heard this somewhere.
I don't know the actual answer to this either, but I imagine it would be hard to enforce these things in courts. I mean, what if they were just friends living together? There's no law against an old man letting a friend crash at his pad, and if they happen to come to an arrangement where said friend cooks and cleans as well, well...
I don't know how slavery IS defined, come to think of it. Maybe preventing the person from leaving in some way? Off to see what the Internets has to say...
My mother's caretaker is an independent contractor. There is no way it would be in my mother's interest to have her as an employee.
That's actually illegal. Household workers are w2 workers bc the client directs their work. 1099 means independent and a household worker can't be independent if you have control over their job.
That's actually illegal. Household workers are w2 workers bc the client directs their work. 1099 means independent and a household worker can't be independent if you have control over their job.
Wait, what?
I've never heard of this distinction before, but why can't the caregiver make their own rules? Like, you know, if they worked for a caregiver agency and then the agency was their employer. The client's needs still dictate the day's tasks, but the agency itself (or contractor, I guess?) has some discretion in what they deal with.
I've never heard of this distinction before, but why can't the caregiver make their own rules? Like, you know, if they worked for a caregiver agency and then the agency was their employer. The client's needs still dictate the day's tasks, but the agency itself (or contractor, I guess?) has some discretion in what they deal with.
Or am I totally off?
You're totally off. If you hire me as a nanny/caregiver and you tell me what to do and when to do it, etc. I'm a w2 employee.
How can a caregiver make their own rules? I can't say, I'll only change you at 1p and feed you at 9p. You tell me that your mom needs to be changed immediately, needs to be bathed 3x a week, needs blah, blah. That's a w2.
That's why you see a lot of politicians get caught with not w2ing their nannies. I would never work for someone who wouldn't w2 me. Besides, in a lot of states you have to provide the employees with workmans comp (which your homeowners usually covers). If you don't do things correctly, it could bite you in the butt.
Eta if you have a cleaning lady who owns her own company, she's an independent contractor, she works for herself bc she can say "I don't work Sunday's, I don't do windows, etc" but if you hire a personal housekeeper, she's a w2 bc she works for you.
I think the free room is worth straight across the exchange of you being in the house overnight.
In addition, for payment I think minimum wage for x hours per week not to exceed 40. It sounds like you are a companion. Do you do his cleaning, cooking, laundry, nursing care? You said you were physically limited in abilities. OR you could go get a job somewhere off site & exchange the free room for being in home overnight.
If the gentleman was my relative, I would insist you pass a background check and were bonded. Help should never know how much money is in accounts. Your lack of boundaries would be alarming to me.
how do you figure. She's available 24/7. It's not like she clocks out after 8 hours. Unless renting a room including utilities city's 3k a month, then no it's not a fair deal.
Live in care people get free room and board simply because they are on the clock 24/7
Quote:
Originally Posted by emeraldmist
Wait, what?
I've never heard of this distinction before, but why can't the caregiver make their own rules? Like, you know, if they worked for a caregiver agency and then the agency was their employer. The client's needs still dictate the day's tasks, but the agency itself (or contractor, I guess?) has some discretion in what they deal with.
Or am I totally off?
The agency is their employer. You are hiring the agency, paying the agency.
If you independently hire a person as a caregiver YOU became their employer as you are dictating what their job and work hours are.
You're totally off. If you hire me as a nanny/caregiver and you tell me what to do and when to do it, etc. I'm a w2 employee.
How can a caregiver make their own rules? I can't say, I'll only change you at 1p and feed you at 9p. You tell me that your mom needs to be changed immediately, needs to be bathed 3x a week, needs blah, blah. That's a w2.
That's why you see a lot of politicians get caught with not w2ing their nannies. I would never work for someone who wouldn't w2 me. Besides, in a lot of states you have to provide the employees with workmans comp (which your homeowners usually covers). If you don't do things correctly, it could bite you in the butt.
Eta if you have a cleaning lady who owns her own company, she's an independent contractor, she works for herself bc she can say "I don't work Sunday's, I don't do windows, etc" but if you hire a personal housekeeper, she's a w2 bc she works for you.
Right.
An independent contractor tends to be by the job/project...mows & trims your lawn x times a month for set amount, but not told what time/day/how many hours.
A cleaning lady could be an independent contractor, but if you tell her what day, time, how etc. then it is heading into employee territory.
But some/many caregivers do have considerable leeway with how to do their jobs. Yes, some things are non-negotiable (like, meds have to be given at a certain time, toileting has to happen as needed, etc.) but beyond that, the caregiver can decide what they will do on top of the physical care aspects. Especially with regards to companionship, housekeeping duties, etc. I don't quite see a parallel between a nanny (who *IS* basically told what to do at all hours of the day) and a live-in companion who presumably gets to make certain decisions while, at the same time, assisting the patient/client/whatever.
I have a friend who is a companion to an elderly woman (or rather, was for a number of years before the lady passed away) and she got to tell the lady which days she would be at her house, for example. It would vary based on her kids' school schedules, etc. She would clean, cook, clean litter boxes, and basically hang out with said lady on those days, and leave frozen meals for her to microwave the other days. That particular woman did not need 24/7 care until she indeed was put in a nursing home, briefly, before her death. How is that situation different than the contractor you described?
ETA for clarification: I am not trying to be argumentative. I certainly don't claim to be an expert on various employee designations. I'm just genuinely not seeing a clear-cut distinction.
Last edited by emeraldmist; 04-15-2017 at 07:08 PM..
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