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Q: New York State Law ( Answered,   0 Comments )
Question  
Subject: New York State Law
Category: Relationships and Society > Law
Asked by: aeg225-ga
List Price: $15.00
Posted: 19 Jan 2003 16:42 PST
Expires: 18 Feb 2003 16:42 PST
Question ID: 145691
What is the legal definition of "domeatic employee" in New York State?

Request for Question Clarification by juggler-ga on 19 Jan 2003 18:14 PST
Are you interested in the legal definition of a "domestic employee"
for tax purposes?
Answer  
Subject: Re: New York State Law
Answered By: sgtcory-ga on 19 Jan 2003 19:46 PST
 
Hello aeg225,

Another great question! 

Dictionary.com gives the following definition of 'domestic', which
helps us narrow down and confirm it's meaning in this capacity :

Noun - "A household servant"
http://dictionary.reference.com/search?q=domestic

Further searching revealed a few sites that confirm that a 'domestic
employee' is indeed an 'employee' that usually works in a *household
type* situation.

"A domestic employee is a person engaged in household or domestic work
performed principally in connection with a residence premises."
http://www.roughnotes.com/rnmag/sept97/09p108.htm

"A domestic employee is an individual who renders services on a
continuous and frequent basis and is subordinate to another
individual, in the residence of the latter."
http://www.expats.com.br/domestic.php

"For example, if you contract with a landscaping company to mow your
lawn and maintain the flowerbeds, the employees the company sends out
to perform the work are not your employees. If, however, you employ a
cook/housekeeper whose work you control, then the worker is your
employee...."
http://public.findlaw.com/employment_employer/newcontent/flg/ch11/st2/mc1.html


As a long time resident of New York, I can confirm the definition here
is the same as above. If you have a maid, or a nanny that you pay
wages to - then they would typically be referred to as a 'domestic
employee'. If they are from another company, they are not your
employee - nor a domestic employee. They are an employee of the
company that you employ for the service :-)


To help find this answer I searched Google for:

"domestic employee" ny definition
://www.google.com/search?q=%22domestic+employee%22+ny+definition


I hope this answers your question to your satisfaction! If you need
clarification, please ask before rating this answer as I would love to
be of further assistance. Thanks for the great question!

SgtCory

Clarification of Answer by sgtcory-ga on 19 Jan 2003 19:55 PST
To help target your New York reference, here is a PDF document that
outlines the definition (same as given) and tax information for
domestic employees -

NY state Domestic employee information
http://www.tax.state.ny.us/pdf/publications/Withholding/Pub27_2001.pdf

Hope this helps you in your research!
SgtCory

Clarification of Answer by sgtcory-ga on 19 Jan 2003 20:13 PST
The link above seems invalid. Here is a cached view of the same
information :

http://216.239.37.100/search?sourceid=navclient-menuext&q=cache:http%3A//www.tax.state.ny.us/pdf/publications/Withholding/Pub27_2001.pdf

SgtCory
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