09/05/2025
Hiring an independent caregiver vs an OPC caregiver
Caregivers hired outside of a Home Care Services Bureau (HCSB) licensed agency like OptimistPrimeCare (OPC), and provided instructions by you, are classified as household employees according to the Internal Revenue Service (IRS). The IRS requires that you verify their identity and work eligibility (USCIS Form I-9) before hiring and you must provide your Employer Identification Number (EIN) for tax withholding.
Once an employee, or employees if more than one, earn more than $750 per quarter, or $1000 per calendar year, in aggregate, you are required to withhold State Disability Insurance (SDI) and remit unemployment insurance payments to the Employment Development Department (EDD).
Detailed records of hours worked, income earned and withholding paid on behalf of your employee(s) are required for Federal and State reporting requirements for income taxes, Social Security and Medicare, judicial settlements and other legal obligations (IRS form W4). These records must be maintained and produced upon request by the IRS, EDD, SDI and others. You must also be familiar with California care provider overtime rules, workers' compensation requirements and other legal requirements.
You also assume liability for any accidents or injuries sustained in your home, or while the caregiver is performing activities on your behalf. Homeowners’ insurance can refuse a claim if it is determined that an injury or accident happened to a worker regularly employed by you, as homeowners’ insurance does not cover employees.
A caregiver you hire directly can sometimes save you some money, but it can also leave you vulnerable to lawsuits for personal injury, non-compliance with state and federal wage laws, overtime accounting practices, wrongful termination and other non-compliance actions that may force you into defending yourself in court against an attorney. Successful claims typically result in hefty settlements, plus additional penalties and legal representation costs.
A caregiver from OPC absolves you from these risks and responsibilities.
The Department of Social Services (DSS) and Home Care Services Bureau (HCSB) vets and licenses agencies like OPC. Their stringent requirements ensures you are not the target of a lawsuit or spurious claim. It requires us to be compliant with California AB 1217 and Health and Safety Code 1796.32, as well as state and federal labor laws.
We are subject to regular inspections and quality controls, including regular, paid training and professional development for all caregivers. We proudly display our license number so you know you are dealing with a reputable company, in good standing with DSS, HCSB, State, County and local ordinances.
Our insurance protects you from claims a caregiver might make around an accident or injury and we are required to maintain a minimum: $10,000 surety bond, plus one million dollars of professional liability insurance and 3 million dollars in aggregate liability insurance for your protection.
All OPC caregivers go through a rigorous background check with the Department of Justice (DOJ) before hiring. They have active HCA registrations, First Aid/CPR certificates and a negative TB test.
We only employ professional caregivers with strong references and previous on-the-job experience. We assemble a personalized care plan for your unique care requirements and provide a care team with the necessary skills and experience to ensure your care goals. OPC can assemble a care team specializing in Alzheimer’s and dementia care, fall risks, stroke recovery, hospice care and so much more.
Contact (916) 824-9626 for more information about how OPC can get you the quality care you deserve!