Legal / Financial / Hiring
You Just Became an Employer. Nobody Told You.
Hire a caregiver directly and you have started a very small staffing company. What that actually means, in plain language, before it becomes a problem.
By Dan Hellman, J.D.Published
Former employment attorney and HR director. Managing in-home care for his mom.

Disclosure: Some future product links may be affiliate links. We only plan to include related products when they are relevant to the caregiving topic.
Hire a caregiver directly and you are a household employer, whether or not anyone told you. Here is what that means, in plain language, and what to do in week one.
There is a moment most families never notice.
You agree on twenty-five dollars an hour with a caregiver, you shake hands, and she starts Monday. That is it. That is the moment.
You are now an employer. Not figuratively. In the eyes of the IRS and your state, you have hired a household employee, and a set of obligations attached themselves to you without a single piece of paper changing hands.
Nobody tells families this. It is the single most common gap in the whole private-hire path.
It happened to me, and I had a head start on the paperwork side. Even so, the first thing I noticed once my mom came home was that I was now running a small business. I became the administrator. I kept my brothers and sisters informed, managed the schedule, reviewed timesheets, calculated hours, and entered payroll every week. Fifteen or twenty minutes, which is not terrible. It is one more responsibility.
Is a Caregiver a Household Employee?
The distinction that matters is control.
You set the hours. You say what tasks get done and roughly how. You provide the home, the supplies and the direction. That combination is what makes someone an employee rather than an independent contractor, and it describes almost every private caregiver arrangement in the country.
The IRS addresses this directly in Publication 926, the Household Employer's Tax Guide, which is written for families and is more readable than you would expect from a tax publication.
Calling the arrangement something else does not change it. Paying in cash does not change it. A caregiver telling you she prefers to be a contractor does not change it either, and there is a whole post coming on why that particular conversation goes wrong.
The Six Things That Come With It
Here is the full shape of it, so nothing surprises you later.
Payroll and withholding. Once you pay a household employee more than a dollar threshold the IRS sets and updates each year, Social Security and Medicare taxes are owed, half from the employee and half from you. Publication 926 carries the current figures. Federal unemployment tax has its own separate trigger.
Year-end paperwork. A W-2 for your caregiver, the matching copy filed with the Social Security Administration, and household employment taxes reported on your own return.
State obligations. State unemployment insurance registration, state income tax withholding where it applies, and whatever your state's labor department requires of household employers. These vary considerably.
Workers' compensation. Whether you must carry it, may carry it, or cannot easily buy it at all is genuinely state by state, and it is the item families get most wrong.
Wage and hour rules. Overtime for domestic workers is not optional in most arrangements, and several states have specific domestic worker bills of rights covering rest breaks, notice and written agreements.
Coverage. Not a legal duty, just an operational one. You are the person who solves Thursday when she has the flu.
The Good News, Honestly
That list looks heavy written out. In practice it is mostly a one-time setup and then a recurring chore.
A household payroll service will handle registration, withholding, filings and the W-2 for roughly the cost of one or two shifts a month. This is the single best money a private-hire family spends, and I would not try to do it by hand.
The alternative is not "no paperwork." The alternative is paperwork you did wrong, discovered later, with penalties attached.
There Is a Real Upside
Doing it correctly is not purely a cost.
Your caregiver gets Social Security credit, a verifiable income history for a car loan or an apartment, and access to unemployment if the job ends. Those things matter enormously to someone in this field, and the good ones know it.
You get a documented arrangement, which protects you if anything is ever disputed.
And you may unlock tax treatment on your side. Care expenses can sometimes be deducted as medical expenses, and some families qualify for dependent care benefits. That is a conversation for a tax professional, and it is worth having, because families frequently recover a meaningful share of the compliance cost this way.
One thing not to expect: the caregiver herself is not your dependent. Families ask this often and the answer is no.
Where the Hours Live
All of this runs on one boring input, which is an accurate record of hours worked.
Not remembered hours. Not a number reconstructed from texts on the fifteenth. Actual start and stop times, per shift, that both you and the caregiver can see.
That record is your payroll input, your overtime calculation, your answer if anything is ever questioned, and the thing that keeps a good working relationship from souring over a disagreement about a Tuesday in March. We built clock-in, clock-out and payroll export into FamilyCareConductor for exactly this reason.
Do It in Week One
Everything on this list is straightforward to set up before the first shift and unpleasant to unwind two years in.
Get the payroll service. Get the written agreement. Get the workers' compensation question answered for your state. Then go back to the actual job, which is your parent.
This is general information, not legal or tax advice, and household employment rules vary by state. If you have a real question about your situation, an hour with a CPA who has done household payroll before is cheap.
Nobody hands you the manual for this one.
Consider this the first page of it.
