Section 201 – Conditions under which a remote-service contractor is not an employee of a marketplace company.

• (1) A remote-service contractor is not an employee of a marketplace company, if under the agreement between the remote-service contractor and the marketplace company and in fact:
  • (a) all or substantially all of the work the remote-service contractor performs under the agreement:
    • (i) is on a per-job or per-transaction basis; and
    • (ii) the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;
  • (b) the marketplace company does not:
    • (i) prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;
    • (ii) prescribe a specific location where the remote-service contractor must be available to perform a remote service; or
    • (iii) restrict the remote-service contractor from engaging in another occupation or business; and
  • (c) except for the use of the marketplace company’s digital application, the remote-service contractor is responsible for providing the necessary tools, materials, and equipment to perform a remote service a person requests through the marketplace company’s digital application.

• (2) A marketplace company’s act of screening or training a remote-service contractor does not affect the remote-service contractor’s employment status under this chapter.

Enacted by Chapter 198, 2021 General Session