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House approves presumption that service-marketplace childcare providers are independent contractors

3544814 ยท February 21, 2025
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Summary

House Bill 373 creates a presumption that childcare providers who affiliate with online service-marketplace platforms are independent contractors, while noting existing legal qualifications and background checks still apply; the bill passed the House unanimously.

House Bill 373, a measure authorizing a presumption that daycare providers using service-marketplace platforms are independent contractors, passed the Utah House on Feb. 20.

Representative Jason E. Thompson, sponsor, said the bill "authorizes a daycare provider to affiliate with a service marketplace platform, much like, Uber or Jane.com, and establishes simply a presumption that a daycare provider affiliating with a service marketplace platform is an independent contractor." Thompson emphasized the presumption does not eliminate legal requirements; background checks and licensing continue to apply.

Thompson said the bill would reduce costly litigation and appeals by clarifying status for marketplace-affiliated providers. The House adopted the bill and the clerk recorded a 67-0 final passage in the transcript.

The measure affects regulatory classification for certain childcare providers and relies on existing statutes for background checks and licensing. Proponents called the bill a free-market approach to expand childcare options.