What is the name of your state (only U.S. law)? NY
My wife has two jobs, my daughter has three jobs none of which pay health insurance. In order to get them health insurance through my company (a sole proprietor DBA) I am required to have an employee.
1. Is it legal for me to hire my daughter or my wife and have them not provide services integral to the business?
2. If the answer to 1. is YES, then should I be required to have worker’s compensation insurance and / or disability insurance?
A couple of months ago I received a penalty of around $800 for not having disability insurance. I worked with the NYS Workers’ Compensation Board and had my penalty reduced to $250 and had to acquire insurance.
As a result of getting that insurance, last week I was assessed a retroactive penalty of $66,250 for not having worker’s comp insurance.
In accordance with the WCB web page titled “The Workers' Compensation Noncompliance Process” the forth paragraph states that “. The penalty accrues for the time period in which the employer had no workers' compensation coverage and had individuals providing services INTEGRAL to the business.” If the answer to #1 above is YES, should I be assessed this penalty?
The spirit of the WC law is to protect workers. The reason my “employees” were “hired” was to provide them (my family) with benefits. There is no way they could ever legally submit a worker’s comp claim as they never provide a “service integral to the business”. (This is the opposite of paying someone off the books.)
In my latest discussions with the WCB, the penalty will be reduced to $1,000. I still have to pay $250 a year for WC insurance but have filed a DB212-5 to get a waiver for disability insurance for my wife.
I would appreciate your input if I have grounds to:
1. have all fines rescinded and those already paid refunded and
2. cancel the workers comp policy I was required to obtain.
My wife has two jobs, my daughter has three jobs none of which pay health insurance. In order to get them health insurance through my company (a sole proprietor DBA) I am required to have an employee.
1. Is it legal for me to hire my daughter or my wife and have them not provide services integral to the business?
2. If the answer to 1. is YES, then should I be required to have worker’s compensation insurance and / or disability insurance?
A couple of months ago I received a penalty of around $800 for not having disability insurance. I worked with the NYS Workers’ Compensation Board and had my penalty reduced to $250 and had to acquire insurance.
As a result of getting that insurance, last week I was assessed a retroactive penalty of $66,250 for not having worker’s comp insurance.
In accordance with the WCB web page titled “The Workers' Compensation Noncompliance Process” the forth paragraph states that “. The penalty accrues for the time period in which the employer had no workers' compensation coverage and had individuals providing services INTEGRAL to the business.” If the answer to #1 above is YES, should I be assessed this penalty?
The spirit of the WC law is to protect workers. The reason my “employees” were “hired” was to provide them (my family) with benefits. There is no way they could ever legally submit a worker’s comp claim as they never provide a “service integral to the business”. (This is the opposite of paying someone off the books.)
In my latest discussions with the WCB, the penalty will be reduced to $1,000. I still have to pay $250 a year for WC insurance but have filed a DB212-5 to get a waiver for disability insurance for my wife.
I would appreciate your input if I have grounds to:
1. have all fines rescinded and those already paid refunded and
2. cancel the workers comp policy I was required to obtain.