Subbing work to a 16 year old

Discussion in 'Employment' started by brichter14, Jan 9, 2019.

  1. brichter14

    brichter14 LawnSite Bronze Member
    Messages: 1,071

    I’ve got a commercial lawn maintenance property that requires weekly mowing. I have decided to quit mowing all together but I would maybe keep this account for the income from spraying and fert applications.

    My question is, there is a 16 year old kid from my church who has a Truck, trailer and mower. Can I let him do the mowing and I’ll take care of everything else? Can you 1099 a 16 year old kid? I know he doesn’t have insurance so if he caused damage would it fall under my liability policy?

    Is it worth the trouble?
     
  2. Mdirrigation

    Mdirrigation LawnSite Platinum Member
    Messages: 4,371

    No
     
    zraffz likes this.
  3. Koehn's Lawn Service

    Koehn's Lawn Service LawnSite Senior Member
    Messages: 876

    To protect myself and my customer I wouldn't let him step foot on my property with out having him covered specially if it's a commercial property my commercial accounts need proof every year of my workmans comp and business insurance just something to think. If you already have contractors insurance that will cover property damage but if you hire him you need to protect urself and ur customers and carry workmans comp on him. Most people I have contracted work to carry there own insurance or I wouldn't have them do the work that way I don't have that stress and worry if something were to happen and it wouldn't come back on me.
     
  4. Matthews Lawn Care

    Matthews Lawn Care LawnSite Silver Member
    Messages: 2,527

    Yes you can 1099 a 16 year old. No different than him working at Taco bell, except he’s liable for his own taxes instead having them taken out of a payroll check.

    Check with your insurance agent. I have to list any/all subs that will be on my jobsite. If your the general contractor(which you would be) your insurance is the one your customer will put a claim on.
     
    hort101 likes this.
  5. BrandonV

    BrandonV LawnSite Fanatic
    Messages: 5,041

    insurance in most places will not have it I'd think
     
  6. Matthews Lawn Care

    Matthews Lawn Care LawnSite Silver Member
    Messages: 2,527

    Then you need a different insurance agent/company if it doesn’t.
     
    Mow-Daddy.com likes this.
  7. Mow-Daddy.com

    Mow-Daddy.com LawnSite Fanatic
    Messages: 5,839

    Go to your local Temp agency and sign up through them.
    They will have the work comp, unemployment, all local, state, fed tax and ssi taken care of.
    They will also give you a copy of proof of Work comp ins.
    He turns in hrs each week. Agency takes care of 100% payroll.
    You write 1 check to agency.
    Your covered, he's covered, it will cost you 6-10% more than doing it all yourself. But legally he is NOT your employee, he is a temp worker.
    He is 16 on a seasonal job, if still in high school cannot collect un-employment. Plus as a ( temp ) agency hire, if he quits, or you let him go, even if he's not in HS as a temp they will offer him another job if he's let go.
    #1 he takes the new job. He's not un-imployed so no U.P. payout.
    #2 he refuses the new job they offer him. No U.P. payout.
    #3 As an employee to the temp agency, it adds a layer of liability protection between you and their employee.
    But the Con is. They will expect all of your equipment to have ALL saftey features functional, all ppe and saftey equipment there. Saftey glasses, spf sunscreen available in truck, etc.
    It's a great alternative for just a few worker's.
     
    zlandman likes this.
  8. TPendagast

    TPendagast LawnSite Fanatic
    Male
    Messages: 16,019

    Lots of people getting things confused here.

    The kid is not an employee
    The kid is a sub without an insurance policy
    No you do not need workers comp on him , he’s not your worker
    Yes you can 1099 him
    Yes if he causes damage and doesn’t have insurance it will be your insurance that gets tagged as the secondary policy (since the customer has the agreement/contract with you)
    No if the kid hurts himself he can’t come to you , he’s not an employee

    Ultimately don’t use a sub without insurance
     
    Matthews Lawn Care likes this.
  9. Matthews Lawn Care

    Matthews Lawn Care LawnSite Silver Member
    Messages: 2,527

    The term “1099” and “16 year old” I think scares people so the answer becomes “no” or “hire a temp”.

    While I wouldn’t put my businesses reputation on the line for a 16 year old IC, if you thoroughly vet him and he’s solid at mowing grass, why not give it a try. Might be one of those rare cases you could make some $ on. Maybe even sub a few more if he proves he can handle it.
     
    Ja performance likes this.
  10. BigJlittleC

    BigJlittleC LawnSite Fanatic
    from Chicago
    Messages: 5,709

    Youths age 16 and 17 may perform any non farm job not declared hazardous by the Secretary, and are not subject to restrictions on hours... quoted from U.S. Department of Labor

    If he is a sub according to the IRS 1099 him otherwise he gets the w2
     
    Mdirrigation likes this.

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