26 U.S.C. § 3506

Individuals providing companion sitting placement services

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(a) In general

For purposes of this subtitle, a person engaged in the trade or business of putting sitters in touch with individuals who wish to employ them shall not be treated as the employer of such sitters (and such sitters shall not be treated as employees of such person) if such person does not pay or receive the salary or wages of the sitters and is compensated by the sitters or the persons who employ them on a fee basis.

(b) Definition

For purposes of this section, the term “sitters” means individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled.

The Secretary shall prescribe such regulations as may be necessary to carry out the purpose of this section.

(Added Pub. L. 95–171, § 10(a), Nov. 12, 1977, 91 Stat. 1356.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 95–171, § 10(c), Nov. 12, 1977, 91 Stat. 1356, provided that: “The amendments made by this section [enacting this section] shall apply to remuneration received after December 31, 1974.”

Unemployment Compensation or Social Security Benefits Based on Services Performed Before November 12, 1977, Unaffected

Pub. L. 95–171, § 10(d), Nov. 12, 1977, 91 Stat. 1356, provided that: “The amendments made by this section [enacting this section] shall not be construed as affecting (1) any individual’s right to receive unemployment compensation based on services performed before the date of the enactment of this Act [Nov. 12, 1977], or (2) any individual’s eligibility for social security benefits to the extent based on services performed before that date.”

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: United States v. Josephberg, 562 F.3d 478 (2d Cir. 2009).

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United States v. Josephberg, 562 F.3d 478 (2d Cir. 2009). “15-A invoked by Josephberg, which is titled “Companion sitters,” appears in a section of that publication entitled “Statutory Nonemployees” and is drawn from 26 U.S.C. § 3506 (a), a section that simply describes the circumstances under which an employment agency, conducting the…”

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