7 LONG TITLE
8 General Description:
9 This bill amends Title 34, Labor in General regarding the employment status of certain
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ establishes that a remote-service contractor is not an employee of a marketplace
15 company if certain conditions are met.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 34-53a-101, Utah Code Annotated 1953
23 34-53a-102, Utah Code Annotated 1953
24 34-53a-201, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 34-53a-101 is enacted to read:
30 34-53a-101. Title.
31 This chapter is known as "Remote Service Marketplace Platforms Act."
32 Section 2. Section 34-53a-102 is enacted to read:
33 34-53a-102. Definitions.
34 As used in this chapter:
35 (1) "Digital application" means an Internet-connected software application that a
36 person uses to obtain or provide a remote service.
37 (2) "Marketplace company" means a person that:
38 (a) offers a digital application to the public; and
39 (b) accepts requests for remote services exclusively through the person's digital
41 (3) (a) "Remote service" means a service that a person performs remotely through a
42 digital application.
43 (b) "Remote service" includes tutoring, closed captioning, open captioning, subtitling,
44 transcribing, translating, interpreting, and conducting a language assessment remotely through
45 a digital application.
46 (4) "Remote-service contractor" means a person who uses a marketplace company's
47 digital application to provide a remote service to another person.
48 Section 3. Section 34-53a-201 is enacted to read:
50 34-53a-201. Conditions under which a remote-service contractor is not an
51 employee of a marketplace company.
52 (1) A remote-service contractor is not an employee of a marketplace company, if under
53 the agreement between the remote-service contractor and the marketplace company and in fact:
54 (a) all or substantially all of the work the remote-service contractor performs under the
56 (i) is on a per-job or per-transaction basis; and
57 (ii) the remote-service contractor receives payment for on an hourly, per-job, or
58 per-transaction basis;
59 (b) the marketplace company does not:
60 (i) prescribe specific hours during which the remote-service contractor must be
61 available to accept a request for remote service;
62 (ii) prescribe a specific location where the remote-service contractor must be available
63 to perform a remote service; or
64 (iii) restrict the remote-service contractor from engaging in another occupation or
65 business; and
66 (c) except for the use of the marketplace company's digital application, the
67 remote-service contractor is responsible for providing the necessary tools, materials, and
68 equipment to perform a remote service a person requests through the marketplace company's
69 digital application.
70 (2) A marketplace company's act of screening or training a remote-service contractor
71 does not affect the remote-service contractor's employment status under this chapter.