Caregivers and Household Employees: Navigating the Complexities of Employment Law as a Fiduciary
Josh Greenberg, CEO and Rachel Green, COO – TEAM Risk Management Strategies
When a fiduciary pays someone to provide services to his or her client, it is likely that an employment relationship is created. That means that there is not only an administrative duty to process payroll, accurately withhold and file taxes, and comply with wage and hour law, but also significant potential for liability against trust assets and the fiduciary as well. Employment liability, whether in the form of a Workers’ Compensation claim, a wrongful termination claim, a caregiver abuse claim, or any of the host of other potential claims, is one of the few liabilities which can pierce the veil of the trust. This is a not only a liability for trust assets, but if handled incorrectly could subject the fiduciary to penalties and sanctions. Join Josh Greenberg and Rachel Green, who will describe these risks as well as the compliant solutions for hiring, employing, and paying employees, as well as ways to avoid some of the common pitfalls and risks for fiduciaries, including proper classification of employees as W-2 employees versus 1099 independent contractors.
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