34-53a-201. Conditions under which a remote-service contractor is not an employee of a marketplace company.
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/ut/title-34/chapter-53a/34-53a-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/5/2021
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.
Enacted by Chapter 198 , 2021 General Session