In the world of small businesses, family-owned and operated companies make up 90% of all enterprises. Occasionally, a family-run business may ask a nephew for help at the store after school. Perhaps a small restaurant employs their youngest daughter as hostesses on the weekends.
Should your small family-owned business carry workersâ€™ compensation for a nephew or daughterâ€™s part-time contributions?
California employment law can be challenging to navigate, especially for small business operators. At Sacks and Zolonz, LLP, our Los Angeles workers compensation defense attorneys have the answers you need to stay legal and financially solvent.
According to California state law, even if a small business has one employee, they are required to carry workersâ€™ compensation. Therefore, whether it is a nephew or daughter working part-time, they are still considered your employee and are subject to be treated in the same manner an individual hired through a formal job application process would be.
While a business is not required to have workersâ€™ compensation for independent contractors, your part-time employees may not qualify.
To be considered an independent contractor under California Law, workers are subjected to the ABC test;
Unfortunately, it is unlikely your family members performing part-time work will qualify as independent contractors under Californiaâ€™s AB-5 Worker status.
If California becomes aware you are without workersâ€™ compensation insurance, it could severely hurt your business.
Not carrying the proper workerâ€™s compensation insurance is a criminal offense under the law;
Also, failing to carry workersâ€™ compensation coverage can leave you open to employee civil action. Civil lawsuits can be especially damaging to a small business and may force its closure.Â The court could order a significant amount in damages to be paid to the injured employee on top of court-mandated fines and court costs.
If you are the owner of a small business in need of guidance, let our skilled and experienced workersâ€™ compensation defense attorneys in Los Angeles, California, help. At Sacks & Zolonz, LLP, we help uninsured employers face a wide range of penalties. Our expert litigators have a long track record of resolving legal matters and assisting with risk management to prevent forced dissolution or bankruptcy.