According to the DOL: “Conversely, it will often, though not always, be the case that a provider who moves into the home of a consumer is the consumer’s employee. In these types of shared living arrangements, the consumer is more likely to set his own schedule, direct the provider how and when to perform certain tasks, and otherwise exercise control over the conditions of the provider’s work. Additionally but less significantly, the provider is unlikely to have invested in the arrangement, whereas the consumer has acquired a home in which there is sufficient space for the provider to also reside.”
My question to my fellow providers and certified trainers out there: Have you looked into the law and feel that your Host Home Providers will have to be an employee of the organization, an employee of the individual, or an independent contractor? To me we are required to make services person-centered and now we are being told that if the services are controlled by the individual then the host home provider is an employee of the individual and that individual will be responsible for pay, taxes, etc. We are also being told if we (the organization) have any control over the day to day activities of the home then the host home provider is our employee. I do not have an issue with that, but the issue I do have is that the funds that we receive for the services will not be enough to cover the 40 hours plus the many overtime hours for the host home providers. It would be interesting to hear some of the feedback from you guys!