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Release of liability

lukkiesevenlukkieseven 49 Posts
in HR & Employment Law Vote Up0Vote Down
We have an employee (and her significant other) who will be painting one of our satellite offices on the weekend. Her normal job is an Admin Assistant. She needs the money and we agreed to let her do the job. We will pay her $400.00 and her partner $400.00. We will not include this $400 in her regular pay, but give her a separate check with no takes taken out. There will be no need for a 1099 because it's less than $600.

I want them both to sign a release of liability form because should she be injured I don't want WC to come into play. This is during her time, not company time.

Does anyone have a form that I can use or a paragraph that would suffice?

Does anyone see a problem with what we are doing?

We are a small non-profit organization and many times our staff will paint a room on a weekend to spruce things up. This is more than just a room, it's an entire office, but, as I said before, it's not on company time, but on the weekend.

Thanks for any help you can offer.
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Comments

  • 5 Comments sorted by Votes Date Added
  • ShadowfaxShadowfax 910 Posts
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    You might want to be sure they use their own equipment as well, because you can back into liability if your equip fails. Almost any simple acknowledgement, waiver, hold harmless, language should work, but keep in mind it is as if you were hiring an independant contractor, and if you were, you would want tghem to have their own insusrance.
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  • Hunter1Hunter1 808 Posts
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    Yes, I see a problem: I don't think you can do this legally. Unless these individuals have a painting business on the side, and would, therefore, qualify as independent contractors, at least she is not an IC. I don't think either one of them is based on the posting you made.

    If you could do what you intend, all of us would pay our employees to do other work 'on the side' and pay them what amounts to cash instead of overtime, which this is, at least for your employee. It's a nice idea, which allows employees to earn some extra money, but I don't think it flies.
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  • GolfGolf 41 Posts
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    I think if this is your employee and you are allowing her to work you would have to pay overtime if her hours go over 40 in one week. And I don't think you could avoid L&I on her at least.
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  • marcmarc 3,126 Posts
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    I actually see two problems. The first has already been illustrated by other posters. It does not fly to not recognize the OT that could be involved. As long as the $400 meets or exceeds the 1 1/2 rate he or she would be entitled to if they were on the clock, then you will be OK. But do run it through payroll because you do want to take out all of the taxes and have her covered on the WC policy.

    Problem 2 involves the partner. If they do not have their own policies (umbrella liability and WC), then you are covering them. When you get your annual WC wages audit to determine if you paid the right premium, the auditors almost always ask for all payments made to contractor type people and to see a copy of their WC policy. If you do not have the copy, they charge you for the coverage as if they were on your payroll. So you end up covering the WC if they do not provide the policy.
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  • PorkPork 1,271 Posts
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    LUKKIESEVEN: Is this an EXEMPT EMPLOYEE, DOES THIS EMPLOYEE HAVE A PAINTING BUSINESS OUTSIDE OF YOUR WORKING HOURS? IS THIS PERSON OR THE SIGNIFICANT OTHER A PROFESSIONAL PAINTER/OWNER OPERATOR? Liability is one thing to consider, wage and Hours law is also a consideration if this person is your employee and non-exempt.

    PORK
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