Taking Care of Your Loved Ones with a Caretaker Agreement

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The person providing personal, in-home senior or adult care for your loved ones is considered a domestic employee, and it is important that you memorialize his or her duties and responsibilities as well as the terms of employment (e.g. duties, compensation, benefits, transportation, etc.) in an employment contract.

Domestic employees come with many potential issues including whether they are exempt from the Fair Labor Standards Act, subject to local minimum wage laws, entitled to protected leave, and much more. A legally binding employment contract clarifies the terms and conditions of employment and may protect you in the unfortunate event of a dispute. It’s important that you meet with an attorney to discuss your situation and make sure you’re minimizing your risk of an employment dispute. We at Helsell Fetterman can work with you to create the right employment contract for the care of your loved ones.

About the Authors

Lauren Parris Watts

Lauren Parris Watts’ practice focuses on representing and advising individual clients and small to medium-sized business clients in risk management, contractual matters, employment and general tort litigation. She counsels clients on a variety of issues, including compensation and severance agreements, non-competition and non-solicitation restrictions, disability accommodations, FMLA and other leave rights and misconduct investigations. She also represents her clients in lawsuits alleging wrongful termination, sexual harassment, retaliation and discrimination.

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