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Can we employ our staff as independent contractors?

Can we employ our staff as independent contractors?

Q: Can home health aides work independently?

Home health aides can work as independent contractors if they operate with a high degree of independence, meaning they have control over their work schedule and methods. However, if they are closely supervised and follow specific guidelines set by an agency, they are likely classified as employees.

Q: Can a PCA be an independent contractor?

Personal Care Assistants (PCAs) can be independent contractors if they have the freedom to manage their work and are not under direct supervision. If the agency or client dictates how they should perform their tasks, they may be considered employees instead.

Q: Can a household employee be an independent contractor?

A household employee typically cannot be classified as an independent contractor if they are under the control and direction of the employer regarding how to perform their tasks. Independent contractors usually work with less oversight and have more control over their work.

Full question:

We are a Homemaker, companion and CNA placement agency. Can we employ our staff as independent contractors? If so, which Service Agreement can we use to cover our employees in the homes we place?

Category: Contractors
Date: 04/07/2025
State: Connecticut

Answer:

We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

It is uncertain whether you can employ your people as independent contractors - it is a very detail-driven determination. The nature of that is that you just tell them to do a job, and leave the details of how they do it up to them. If there is much control of the process on your part, the the law won't view them as independent contractors. Independent contractors usually have a high degree of specialization. Homemaker may well not qualify, since you are probably contracting with the customer to do specific jobs around the house (a list). This is basically control of what your employee is doing to the extent that it is really doubtful the law would view them as independent contractors.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you be an independent contractor as a caregiver?

Yes, caregivers can be classified as independent contractors, but it depends on the level of control exercised by the agency or client. If the caregiver has significant autonomy over how they perform their work and is not closely supervised, they may qualify as an independent contractor. However, if the agency dictates specific tasks and methods, the caregiver may be considered an employee.