IF YOUR FAMILY MEMBER HELPS IN YOUR BUSINESS FOR A FEW HOURS A DAY, IS HE OR SHE CONSIDERED AN EMPLOYEE?
Yes, under California labor law, if a family member helps in your business for a few hours a day, he or she is considered an employee.
An employee is defined as someone you engage or permit to work. Even if your worker is part of your family, he or she is considered an employee.
Don’t forget that since he or she is an employee, you, as the employer, must provide Workers’ Compensation Insurance to cover him or her in case of a work-related injury.
Also, you are also required to pay the minimum wage unless the employee is your spouse, parent or child and you are a sole proprietor or partnership.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/