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I employ a Nanny and just got a penalty notice for over $10,000 from the New York State Workers Compensation Board for non-compliance. I am shocked. No one told me about this requirement. What should I do?

Thumbnail image for above-the-bar-logo-no12.jpgUnfortunately, as it is often stated in the movies, ignorance is no excuse for a violation of the law. In recent years with the enaction of new legislation (i.e., NYS Wage Theft Prevention Act and Domestic Workers Bill of Rights), it has become more and more difficult to properly hire a nanny or home health aide to care for our loved ones. Many times innocent errors are made and they can lead to significant monetary fines. It is imperative that you obtain legal advice from an experienced NY Worker’s Compensation Penalty Defense Lawyer as soon as possible because the time period to assert your defenses is very limited. If you do not act or fail to act in an appropriate manner, the penalties can be more than $100,000.00. Our employment lawyers have been helped many homeowners and family members who have hired home health aides to care for their parents or nannies to help with child care issues. We have saved our clients more than $1,000,000.00 in penalties and fines. Call us now at (800) 893-9645 to learn if we can help you save money, time and aggravation.

Under certain situations, homeowners are required to obtain and maintain state workers compensation insurance coverage for domestic workers including nannies. If you fail to do so, you may be issued a penalty for non-compliance. For example, if your child care aide or nanny works more than 40 hours per week for you, you may be required to have workers compensation insurance coverage. Often homeowners incorrectly believe that their homeowners policy will cover them but many times it is not sufficient.

Our employment law attorneys know the law and will present your best defense and try to prevent any further government agencies from conducting an inquiry. If not handled appropriately, the NYS Department of Labor may also conduct an investigation, Ideally, you should speak with an experienced attorney before you seek to hire a domestic worker so you can properly determine the employment classification issues, appropriate tax treatment and insurance coverage issues. That being said, if you are issued a penalty notice from the NYS Workers Compensation Board because you employed a domestic home health aide or other employee, call now to speak with our penalty defense attorneys now at (800) 893-9645.

Look for our post later this week – it will discuss the requirements as an employer under the recent legislation.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.