Utah Code 34-53a-201. Conditions under which a remote-service contractor is not an employee of a marketplace company
Current as of: 2024 | Check for updates
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(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:
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:(2)(a) offers a digital application to the public; and(2)(b) accepts requests for remote services exclusively through the person's digital application. See Utah Code 34-53a-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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
(1)(a) all or substantially all of the work the remote-service contractor performs under the agreement:(1)(a)(i) is on a per-job or per-transaction basis; and(1)(a)(ii) the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;(1)(b) the marketplace company does not:(1)(b)(i) prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;(1)(b)(ii) prescribe a specific location where the remote-service contractor must be available to perform a remote service; or(1)(b)(iii) restrict the remote-service contractor from engaging in another occupation or business; and(1)(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. - Person: means :