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:

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Terms Used In Utah Code 34-53a-201

  • Digital application: means an Internet-connected software application that a person uses to obtain or provide a remote service. See Utah Code 34-53a-102
  • Marketplace company: means a person that:
(a) offers a digital application to the public; and
(b) accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102
  • Person: means :Utah Code 68-3-12.5
  • Remote service: includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application. See Utah Code 34-53a-102
  • Remote-service contractor: means a person who uses a marketplace company's digital application to provide a remote service to another person. See Utah Code 34-53a-102
    • (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

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