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Become a prepared employer

Employee or independent contractor?

It's one of the most common mistakes families make when they hire directly, and getting it right protects both you and your caregiver.

The short answer: a caregiver you hire directly, who works in your home on the schedule you set and does the tasks the way you ask, is almost always your employee (W-2), not an independent contractor (1099).

It comes down to control

The IRS looks at who controls the work. The more you direct when, where, and how the caregiver works, the more clearly they're an employee.

If you…Then they're likely…
Set their schedule and hoursAn employee
Direct how tasks are doneAn employee
Provide the setting and suppliesAn employee
Hire them for ongoing, regular careAn employee
Hire a separate business that sets its own methods, serves many clients, and isn't directed by youA contractor (rare for in-home care)

Almost all direct in-home caregiving falls on the employee side. That's why hiring directly usually makes you a household employer.

Why misclassifying is risky. Handing a caregiver a 1099 when they're really an employee can bring back taxes, interest, and penalties to you, and it quietly harms them: no Social Security or Medicare credits, no unemployment eligibility, no provable income for a loan or apartment. It's not a shortcut worth taking.

What to do instead

Set it up the right way, once

A short checklist now saves headaches later, and it's the mark of an employer good caregivers want to stay with.

Open the payroll checklist →

Common questions

Is a caregiver an employee or contractor?

Almost always an employee if you hire them directly and direct their work. Control is the deciding factor.

What if they only work occasionally?

Occasional work can still be employment. It's about control and total pay, not just how many hours.

What about a caregiver from an agency?

They're the agency's employee, not yours, and not a contractor. The agency handles taxes and payroll.

This is general information, not tax or legal advice. Classification can be nuanced, when in doubt, ask a payroll service or a tax professional, or see IRS guidance on household employees (Publication 926).