In today’s busy world, it is common for both partners in a relationship to work full time outside of the home. To help get things done around the house, it is very common for people to hire outside help. This comes in many forms, including a handyman for odd jobs or a nanny to care for the children. When a couple decides to hire outside help, they need to be careful about workers’ compensation requirements in California. California Labor Code sections 3351 and 3352 provide guidance for homeowners thinking of bringing in outside parties to assist with household tasks.
California law requires almost all employers to carry workers’ compensation insurance for their employees. Labor Code 3351 has a long list of those who are included under the definition of “employee,” and subsection (d) provides that anyone who is employed by a homeowner “whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children” is considered an employee for purposes of workers’ compensation. The statute does, however, specifically refer to a set of exceptions found in section 3352(h). These exceptions state that if the employee was employed for less than 52 hours in the 90 calendar days preceding the date of the injury or if the employee earned less than $100 from the employer during those 90 days, then the person is not an employee for purposes of workers’ compensation.
With this in mind, the homeowner needs to carefully consider the type and frequency of work being performed by a handyman or nanny. According to the definition, a person who helped put up a fence or paint a house would not fall under the definition of employee, as long as the job took 51 hours or less. Similarly, an occasional babysitter would also not fall under the definition of employee. The law is more aimed at the type of worker who is regularly and frequently inside the home, performing regular work for the homeowner. In other words, a nanny or au pair, as opposed to a babysitter, and a regular maintenance person as opposed to an occasional handyman. If you are employing someone who fits these parameters, you are likely required to carry workers’ compensation insurance.
I have extensive experience helping clients understand their obligations under California workers’ compensation, contact me today at (714) 516-8188 to talk about your options.