1. (1) A daycare provider may affiliate with a service marketplace platform as an independent contractor or as an employee.

2. (2)

   1. (a) There is a presumption that a daycare provider who affiliates with a service marketplace platform is an independent contractor of the service marketplace platform, unless there is clear and convincing evidence that the parties intended the daycare provider to be an employee.
   2. (b) The presumption described in Subsection (2)(a) extends to each act the daycare provider performs in connection with a service request placed through the service marketplace platform.

Enacted by Chapter 256, 2025 General Session