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: all or substantially all of the work the remote-service contractor performs under the agreement: is on a per-job or per-transaction basis; and the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis; the marketplace company does not: prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service; prescribe a specific location where the remote-service contractor must be available to perform a remote service; or restrict the remote-service contractor from engaging in another occupation or business; and 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.