Startup Attorney – Marketplace Platform / Independent Contractor Structuring (PA)
Only freelancers located in the U.S. may apply.U.S. located freelancers only
I'm the founder of a pre-launch online marketplace based in Philadelphia, PA, connecting families with independent contractor childcare providers (nannies/babysitters). I'm looking for an attorney with marketplace/gig-economy platform experience to review our business structure before launch. About the platform: Two-sided marketplace: families browse profiles of caregivers who meet our application requirements Families and caregivers connect and arrange bookings directly with each other — the platform does not manage or dispatch bookings Caregivers set their own rates; we provide a suggested rate range as a non-binding guideline We are the merchant of record for payments and take a platform fee (e.g., 15%) deducted from the caregiver's payment at booking. Example: family pays $100, caregiver receives $85, platform retains $15. This fee is disclosed on caregiver profiles and at checkout, and our Terms of Service frame it as the caregiver's cost of doing business through the platform Our draft ToS establishes a direct relationship between families and caregivers, with the platform's role limited to introduction and tools (booking interface, payment processing) Caregivers are independent contractors, not platform employees What I need help with: Worker classification – Does this structure support an independent contractor relationship between families and caregivers, with the platform as a neutral facilitator? Are there elements that could create employer-style obligations for the platform itself? Licensing – Does operating this type of childcare marketplace in Philadelphia/PA require specific business licenses (e.g., employment agency, referral agency, placement agency) beyond standard business registration? Payment processing & 1099 issuance – As merchant of record, is the platform responsible for issuing 1099s to caregivers? Does the fee structure described above hold up from a classification standpoint, and how does it affect 1099 issuance (1099-K vs. 1099-NEC)? Recommendations on payment processor setup (e.g., Stripe Connect) for this structure? Background checks – If the platform requires/facilitates background checks as a condition of being listed, does this create FCRA "employer" obligations (disclosure/authorization forms, adverse action procedures, business account requirements)? Vetting/application requirements – The platform only lists caregivers meeting certain application requirements. Could this create classification or liability risk? Does our current ToS language adequately address this? Terms of Service review – Review of drafted ToS language establishing the direct family-caregiver relationship, the platform's role as neutral facilitator, and our fee disclosure, to confirm it's legally sound and consistent with independent contractor framing. Scope: Initial consultation/review engagement, with potential for ongoing work as the business grows. Happy to share additional platform details and our draft ToS. Ideal experience: Pennsylvania business law, marketplace/gig-economy platforms (e.g., similar to Care.com, Uber, Upwork-style structures), worker classification, and FCRA compliance.
- Not SureHourly
- 1-3 monthsDuration
- IntermediateExperience Level
$30.00
-
$90.00
Hourly- Remote Job
- Ongoing projectProject Type
Skills and Expertise
Activity on this job
- Proposals:Less than 5
- Last viewed by client:2 weeks ago
- Interviewing:0
- Invites sent:0
- Unanswered invites:0
About the client
- United States12:56 AM
Explore similar jobs on Upwork
How it works
Create your free profileHighlight your skills and experience, show your portfolio, and set your ideal pay rate.
Work the way you wantApply for jobs, create easy-to-by projects, or access exclusive opportunities that come to you.
Get paid securelyFrom contract to payment, we help you work safely and get paid securely.
About Upwork
- 4.9/5(Average rating of clients by professionals)
- G2 2021#1 freelance platform
- 49,000+Signed contract every week
- $2.3BFreelancers earned on Upwork in 2020
Find the best freelance jobs
Growing your career is as easy as creating a free profile and finding work like this that fits your skills.
Trusted by