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[quote=Anonymous]Tom Breedlove of Breedlove and Associates, (breedlove.com) says: http://tinyurl.com/mqxyac5

“We believe that a family could successfully argue that a Baby Nurse should be classified as an independent contractor rather than as an employee.  Our logic is that Baby Nurses:

- Have a specialized expertise and do not take direction from the family on how to perform their duty;
- Bring their own tools and equipment;
- Offer their services to the general public;
- Work for a finite period of time (i.e. 2-12 weeks).”

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According to Tom, BREELOVE has submitted a hald dozen requests to the IRS to determine proper classification of Newborn Care Specialists/Infant Care Specialists. The answers they received have been mixed - sometimes classifying the workers as an employee and sometime as an Independent Contractor.

The problem, as we see it, is that BREEDLOVE's description of the work performed is not accurate.

1) A care provider (even a newborn care specialist) does NOT: bring their own supplies and tools (food, bedding, diapers, etc.)
2) DOES take direction from the family on how to perform their work... or, at a minimum, the family has the RIGHT to provide such direction.

Once you have eliminated those argumemts, it is clear that the care provider is an EMPLOYEE, not an independent contractor.

www.4inHomeCare.com[/quote]

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