Current through the 2024 Fourth Special Session
Section 34-53a-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.Added by Chapter 198, 2021 General Session ,§ 3, eff. 5/5/2021.