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I hired my son as an employee. Workers comp is not needed since he is a family member?

 
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Best answer 10-15-2018

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Community Contributor *

Hi jzpestcontrol, Thanks for reaching out to us! I'd be g...

Hi jzpestcontrol,

Thanks for reaching out to us!

I'd be glad to help. Based on Employment Development Department (EDD) Information Sheet, "Family employees - Services provided by (1) children under the age of 18 employed by a parent or partnership of parents only, (2) spouse employed by spouse, (3) registered domestic partner employed by registered domestic partner, and (4) parent employed by son or daughter are not subject to UI, ETT, and SDI. Payments to family employees are subject to PIT withholding. Refer to Information Sheet: Family Employment (DE 231FAM) for more detailed information."

As always, we recommend you consult with your accountant to give you the best business and legal advice or contact EDD directly.

Let me know if you have any further questions.


3 Comments
Community Contributor *

Hi jzpestcontrol, Thanks for reaching out to us! I'd be g...

Hi jzpestcontrol,

Thanks for reaching out to us!

I'd be glad to help. Based on Employment Development Department (EDD) Information Sheet, "Family employees - Services provided by (1) children under the age of 18 employed by a parent or partnership of parents only, (2) spouse employed by spouse, (3) registered domestic partner employed by registered domestic partner, and (4) parent employed by son or daughter are not subject to UI, ETT, and SDI. Payments to family employees are subject to PIT withholding. Refer to Information Sheet: Family Employment (DE 231FAM) for more detailed information."

As always, we recommend you consult with your accountant to give you the best business and legal advice or contact EDD directly.

Let me know if you have any further questions.


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Jason Kyle

Jason Kyle

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Re: Hi jzpestcontrol, Thanks for reaching out to us! I'd be g...

That answer isn't relevant to the question, which was about worker's comp. I'm no expert, but I've been digging into this myself, and it's pretty clear that in most states you do need workers comp to hire family members, certainly this is true in California.

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