We Accept Responsibility For Protecting Your Loved Ones and Your Family
Here is a list of some (but not all!) of the reasons why the safest choice is to acquire caregivers through a full-service employer agency like Pathways Private duty.
|What Happens When...||PATHWAYS PRIVATE DUTY |
FULL SERVICE EMPLOYER AGENCY
|REGISTRY / |
REFERRAL AGENCY / PRIVATE HIRES
|Your worker's classification (as an employee or an independent contractor) comes into question by legal or tax authorities.||The worker is an employee and the agency is the employer.|
You have NO employer obligations.
|In almost all cases, caregivers are employees, not independent contractors. The caregiver is therefore the family’s employee. In such a case, the family will be responsible for employer taxes, worker’s compensation insurance and other employer legal responsibilities.|
You are responsible for these costly and risky employer duties and obligations as if the workers were privately hired by you, even if they are from a registry or a referral agency.
|You no longer need help and you stop your caregiving service.||The worker files for Unemployment Insurance benefits.|
The agency pays unemployment taxes to cover the cost when employees file for Unemployment Insurance benefits. You will have no liability or future ramifications.
|The worker files for Unemployment Insurance benefits.|
The agency does not cover unemployment costs.
The family as the worker's employer is required to pay unemployment taxes while the worker is working for you. If you have not done this, the state and federal tax authorities may come to you for back payments and penalties.
|The worker gets hurt on the job.||The agency pays for Workers Compensation insurance and is responsible for medical costs and disability pay.||As the worker’s employer, you are required to obtain workers’ compensation insurance. If you fail to do so, you are responsible for paying the employee’s medical costs. Additionally, Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.|
|The worker accidentally causes harm to you or your property.||The agency is required to carry liability insurance to provide coverage for the loss.||The agency typically does not provide insurance coverage to cover any actions made by the caregiver. You will be responsible for the loss.|
|The worker gets sick and requests paid sick leave.||The agency must accrue sick leave pay for the worker and pay it to the worker when the worker cannot work for medical reasons. The agency also can send a replacement caregiver to cover the shift.||The agency does not cover the cost of any sick pay. The family as the worker's employer, is required to accrue and pay sick pay to its employee. You are also responsible for finding care while the caregiver is out sick.|
|Your worker does something you don’t like and you want a resource to go to.||The agency is responsible for the acts of its workers and accountable to you.||The agency does not supervise or have any responsibility for the actions of a caregiver. You are on your own in supervising your employee.|
|The worker works more than nine hours in a day or more than 40 hours in a week.||The agency must abide by all labor laws and pay the worker an overtime premium for his or her overtime hours.|
*Pathways pays overtime after 8 hours daily and double time after 12 hours.
|The agency is not responsible for your compliance with labor laws regarding the caregiver’s time. |
You are responsible to know and comply with all applicable labor laws and pay the worker accordingly, including overtime.
|You wonder whether the worker has received worker training.||The agency is required by state law to provide training at time of hire and a minimum of 5 hours every year after that.|
*Pathways offers 24 hours of training annually
|The agency is not responsible to provide or ensure any training of the caregiver.|
|You wonder, has the worker been tested for Tuberculosis?||The agency is required by state law to test at time of hire and then re-test every two years after that.|
*Pathways tests annually.
|There is no requirement for the worker to be tested.|
|The workers have to file their income tax return.||The agency has withheld all the worker’s applicable payroll taxes. You are not responsible for those taxes nor for providing W-2 or W-3 forms.||As the workers employer, you are responsible for withholding the worker’s applicable payroll taxes, paying household employer taxes and filing W-2 and W-3 forms|
We Take Care Of Your Concerns
|YOUR CONCERNS||PATHWAYS PRIVATE DUTY|
FULL SERVICE EMPLOYER AGENCY
|REGISTRY / REFERRAL AGENCY / PRIVATE HIRES|
|Reference and criminal background checks|
|Can I be sure the worker has had reference and criminal background checks?||Yes. Pathways has extensive reference checks and criminal background checks on all caregivers. All caregivers are also fingerprinted.||Not necessarily. There is no requirement that criminal and reference checks be done.|
|Has my worker had any health screening?||Yes. Pathways caregivers have had a pre-employment physical exam and annual TB testing (the law only requires TB tests every 2 years).||Not necessarily. There is no requirement for prior health screenings.|
|Cover days off and sick calls|
|What happens when our worker is sick or takes a day off?||Pathways will send another qualified caregiver.||It is your responsibility to arrange for coverage when your caregiver employee is absent.|
|Withhold payroll taxes|
|Is anyone withholding payroll taxes for our caregiver?||Yes. Pathways withholds and pays state and federal payroll taxes for all caregivers.||You as the employer are legally required to withhold state and federal payroll taxes which you must pay to the government. If you do not pay these taxes you are breaking the law.|
|Pay Social Security and Medicare taxes|
|Is anyone withholding Social Security and Medicare taxes?||Yes. Pathways withholds and pays caregivers’ Social Security as well as Medicare taxes.||You as the employer are legally required to withhold Social Security and Medicare taxes which you must pay to the government. It is mandatory for you to pay these taxes and you will be breaking the law if you do not.|
|Pay workers’ compensation insurance|
|What if the worker gets hurt on the job?||Pathways pays workers’ compensation insurance to cover caregivers injured on the job.||You are legally required to obtain workers’ compensation insurance. Failure to do so is a violation of the law, and you will be responsible for all the injured worker’s medical bills plus potential fines.|
|Worker liability insurance|
|Will there be liability insurance for the worker working in my home?||Yes. Pathways has a broad umbrella of liability insurance coverage PLUS extended auto coverage.||Not necessarily. You as the employer are responsible for your employee’s actions and for any insurance.|
|Is there anyone overseeing the worker’s work?||Yes. At Pathways a nurse or a manager assesses the client’s needs and helps determine what assistance is needed. She also oversees the worker’s work.||Not necessarily. There is no supervision of caregivers unless you arrange for such supervision or do it yourself.|