u/Gambit_Accepted

We've recently engaged with two doulas who also provide overnight newborn care.

After learning about nannying and night nannys, I assumed this would be a household employee relationship and was prepared to use a service like poppins to make everything is legal and correct.

However, they are insisting that it would be an independent contractor relationship via their filing as sole proprietor.

Here are the facts:

• This is a pair of two doulas.
• They presented us with a contract.
• They informed us which nights of the week they are available.
• They informed us which hours of the night they are available to work.
• They will determine who works which shift depending on their own availability.
• They both work as full time independent doulas during the day, they make their services available to the general public.
• We are not their only client (they also informed us that there could be instances where they must reschedule us last minute in case one of their current clients goes into labor)
• We would be paying each of them separately for hours worked each week, via Venmo/Zelle
• They will be filing their own taxes as sole proprietor

Trying not to screw this up, could this be one of the few times where overnight newborn care would actually be a true independent contractor instead of a household employee?

We are planning on having them come for about 3 months, 5 nights a week, 10pm - 6am.