Orem, UT asked in Employment Law for Utah

Q: Are CNAs I'm referring to a care facility and paying as ICs considered my employees?

I run a referral service for CNAs to an assisted living facility. In other words, I am independent of the both the assistant living business, and the CNAs, who are independent contractors. I have no other involvement with the CNAs - I simply refer them to the assisted living facility. However, the facility writes one check to me, & I pay the CNAs, in addition to keeping a portion as my fee. Any problem with the CNAs being considered employees if I'm paying them in that way?

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1 Lawyer Answer

Brian K Jackson

Answered
  • Salt Lake City, UT
  • Licensed in Utah

A: If you are concerned and the relationship, I don't know how the whole situation is setup, however, it may be good to have a handbook or contract that defines the relationship in order to better protect yourself from liability.

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