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momslaw618

Who would be responsible in this case?(Workers Comp Coverage)

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This situation left me beyond curious and I can't seem to locate an   answer specific to my question, so I am hoping someone can enlighten me, since for some reason I find this circumstance - the balance of financial burden or responsibility- interesting (a fellow parent who is a plumber was sharing with me his confusion over some payroll deduction issues, however I didn't know what to say) 

Ok.. he works as a plumber bonded and insured under his employer's/company certs. He was given the freedom to hire on a 'helper' but at his cost, which was temporarily cash weekly, until owner evaluated and approved of his quality of work. However, the deal was that my friend was still responsible for paying his helper from his commissions and the bookkeeper, so everything would be tax-ably on the up and up would be cutting the helpers checks  taking care of the withholding taxes, etc. Well, my friend noticed a large chunk of money from his check  going towards some state agency to which the bookkeeper replied it was the insurance for his helper. The bookkeeper states that he is responsible for paying the W.C. insurance and taxes since the helper is not technically an employee. But wouldn't that make him a 1099? My friend works for the plumbing company- he isn't an owner or supervisor. He isn't an independent contractor either. I can understand him being responsible to pay a few bucks to someone when they are short handed, etc, but if the company is going to treat him like an employee of their employee, how does that legally work? 

(The procedure  in State of California re Worker's Comp Coverage  counts the Ins as a cost of doing business and cannot ask employees to pay any portion of that premium.) 

So, who is actually responsible for the WC ins and what would the handyman be classified as - legally? employee , sub? 1099? 

thanks! 

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Guest FindLaw_Amir
what would the handyman be classified as - legally? employee , sub? 1099? 

 

You may want to visit the Employment Law Center and read Contractor or Employee as a good resource to learn more about this subject matter. For further clarification on your specific issue, you may wish to consult with a local California Employment Lawyer. Many lawyers do offer a free consultation.

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