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The Immigration Debate: How This Issue Could Affect Your Household

The current immigration debate opens up questions about the rights of employers and employees, particularly those engaged in domestic work. As the topic grabs headlines, many Americans may wonder how this issue affects their households.

Employing people for services such as gardening, babysitting and house cleaning can generate a host of legal responsibilities beyond those involved with citizenship status.

Below are tips for anyone who hires domestic help:

• Immigration: Eleven million undocumented immigrants live in the U.S., many of whom work in private residences. The government requires that every household employer and their regular employees complete and file the U.S. Citizenship and Immigration Services Form (USCIS) I-9, Employment Eligibility Verification. This document verifies an employee's legal right to work in the United States by having his or her employer record certain identifying documents, such as a passport, birth certificate or driver's license.
• Taxes: Under certain conditions, Americans are required to pay federal and state taxes on people who work in their homes, including housekeepers, gardeners and maids. An employer generally needs to withhold and pay Social Security, Medicare and federal unemployment tax for any household worker who is not employed by an agency and who earns a certain yearly minimum cash wage ($1,500 in 2006). The Internal Revenue Service provides the necessary tax forms and more information.
• Liability: Employers should review their homeowner's insurance plans to ensure their household employees are protected in case of on-site injuries. They should also check with their insurance agents or with their state governments regarding requirements for Worker's Compensation Insurance and Disability Insurance that, under certain circumstances, they may also need to pay.

Alan Kopit is the legal editor of lawyers.com and partner at the Cleveland-based law firm Hahn Loeser & Parks LLP. He has contributed columns to lawyers.com, focusing on consumer and small business legal issues and his media appearances include MSNBC, CNBC, CNNfn, Bloomberg Television, WEWS-TV Cleveland (ABC), WKYC-TV Cleveland (NBC), WKBC-TV Houston (NBC), Bloomberg Radio, and legal contributor to NBC-TV's Today show. For more information about Alan Kopit, please see his biography.

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