§ 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.