Utah Code 34-53-201. Independent contractor presumption

34-53-201. Independent contractor presumption.

(1)	A building service contractor may affiliate with a service marketplace platform as an independent contractor or as an employee.

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Terms Used In Utah Code 34-53-201

Building service: means any of the following services, if the charge for the service is $3,000 or less:

(a)	cleaning or janitorial;

(b)	furniture delivery, assembly, moving, or installation;

(c)	landscaping;

(d)	home repair; or

(e)

any service similar to the services described in Subsections (1)(a) through (d). See Utah Code 34-53-102

Building service contractor: means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service. See Utah Code 34-53-102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Service marketplace platform: means an entity that:

(a)

uses an Internet-connected software platform, including a mobile application:

(i)	to connect building service contractors with customers seeking a building service; and

(ii)	through which a customer may request a building service; and

(b)

charges the building service contractor a fee to use the software platform. See Utah Code 34-53-102

(2)

(a)	There is a presumption that a building service contractor who affiliates with a service marketplace platform is an independent contractor, unless there is clear and convincing evidence that the parties intended the building service contractor to be an employee.

(b)	The presumption described in Subsection (2)(a) extends to each act the building service contractor performs in connection with a request for a building service placed through the service marketplace platform.

Enacted by Chapter 386, 2018 General Session

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