336.137 Marketplace contractor not an employee of a marketplace platform --
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/ky/336-137A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Conditions -- Exclusion from application of section.
(1)As used in this section:
(a)"Marketplace contractor" means a person or entity that enters into an
agreement with a marketplace platform to use its digital network or mobile
application to receive connections to third-party individuals or entities seeking
services; and
(b)"Marketplace platform" means a person or entity that:
1. Offers a digital network or mobile application that connects marketplace
contractors to third-party individuals or entities seeking the type of
services offered by a marketplace contractor;
2. Accepts service requests from the public exclusively through its digital
network or mobile application and does not accept service requests by
telephone, facsimile, or in person at a physical retail location; and
3. Does not perform the services offered by the marketplace contractor at
or from a physical business location that is operated by the platform in
the state.
(2)A marketplace contractor shall not be deemed to be an employee of a marketplace
platform for any purpose under state and local laws, regulations, and ordinances,
including but not limited to KRS Chapters 336, 341, and 342, so long as:
(a)The marketplace platform and the marketplace contractor agree in writing that
the marketplace contractor is an independent contractor with respect to the
marketplace platform;
(b)The marketplace platform does not unilaterally prescribe specific hours during
which the marketplace contractor must be available to accept service requests
from third-party individuals or entities submitted solely through the online-
enabled application, software, Web site, or system of the marketplace
platform;
(c)The marketplace platform does not prohibit the marketplace contractor from
using any online-enabled application, software, Web site, or system offered by
another marketplace platform;
(d)The marketplace platform does not restrict the marketplace contractor from
engaging in another occupation or business;
(e)The marketplace contractor bears all or substantially all of the expenses
incurred by the marketplace contractor in performing the services; and
(f)The marketplace platform does not supply instrumentalities or tools for the
person doing the work;
(3)For services performed by a marketplace contractor prior to July 14, 2018, the
marketplace contractor shall be treated as an independent contractor of the
marketplace platform and not an employee of the marketplace platform if the
requirements set forth in subsection
(2)of this section were met at the time at which
the services were performed.
(4)This section shall not apply to:
(a)Service performed in the employment of a state or any political subdivision of
a state, or in the employ of an Indian tribe, or any instrumentality of a state,
any political subdivision of a state, or any Indian tribe that is wholly owned by
one
(1)or more states or political subdivisions of Indian tribes, provided such
service is excluded from employment as defined in 26 U.S.C. secs. 3301 to
3311;
(b)Service performed in the employment of a religious, charitable, educational,
or other organization that is excluded from employment as defined in 26
U.S.C. secs. 3301 to 3311, solely by reason of 26 U.S.C. sec. 3306(c)(8); or
(c)Services consisting of transporting freight, sealed envelopes, boxes or parcels,
or other sealed containers for compensation.