The two legitimate paths
There are really two compliant ways to bring in extra help: hire them directly as short-term W-2 employees, or go through a licensed temp staffing agency that handles their payroll and insurance as the employer of record. What's not a safe middle ground: paying cash to someone you found informally and calling them a 1099 contractor while directing their work like an employee.
Why the "cash day laborer" model is risky
- If you're directing when, where, and how they work, they're functionally an employee — regardless of payment method
- Cash payments create no tax withholding record, which becomes a liability if the worker is ever injured or the arrangement is questioned
- They're typically uninsured under your workers' comp policy if not properly classified
Confirm the agency actually carries workers' comp for the workers they send you — some smaller agencies don't, which shifts liability back to you if someone's hurt on your job site.
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