7 LONG TITLE
8 Committee Note:
9 The Business and Labor Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 2 voting against 6 absent
11 General Description:
12 This bill amends Title 34, Labor in General regarding the employment status of certain
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms; and
17 ▸ establishes that a remote-service contractor is not an employee of a marketplace
18 company if certain conditions are met.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 34-53a-101, Utah Code Annotated 1953
26 34-53a-102, Utah Code Annotated 1953
27 34-53a-201, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 34-53a-101 is enacted to read:
33 34-53a-101. Title.
34 This chapter is known as "Remote Service Marketplace Platforms Act."
35 Section 2. Section 34-53a-102 is enacted to read:
36 34-53a-102. Definitions.
37 As used in this chapter:
38 (1) "Digital application" means an Internet-connected software application that a
39 person uses to obtain or provide a remote service.
40 (2) "Marketplace company" means a person that:
41 (a) offers a digital application to the public; and
42 (b) accepts requests for remote services exclusively through the person's digital
44 (3) (a) "Remote service" means a service that a person performs remotely through a
45 digital application.
46 (b) "Remote service" includes tutoring, closed captioning, open captioning, subtitling,
47 transcribing, translating, and conducting a language assessment remotely through a digital
49 (4) "Remote-service contractor" means a person who uses a marketplace company's
50 digital application to provide a remote service to another person.
51 Section 3. Section 34-53a-201 is enacted to read:
53 34-53a-201. Conditions under which a remote-service contractor is not an
54 employee of a marketplace company.
55 (1) A remote-service contractor is not an employee of a marketplace company, if under
56 the agreement between the remote-service contractor and the marketplace company and in fact:
57 (a) all or substantially all of the work the remote-service contractor performs under the
59 (i) is on a per-job or per-transaction basis; and
60 (ii) the remote-service contractor receives payment for on an hourly, per-job, or
61 per-transaction basis;
62 (b) the marketplace company does not:
63 (i) prescribe specific hours during which the remote-service contractor must be
64 available to accept a request for remote service;
65 (ii) prescribe a specific location where the remote-service contractor must be available
66 to perform a remote service; or
67 (iii) restrict the remote-service contractor from engaging in another occupation or
68 business; and
69 (c) except for the use of the marketplace company's digital application, the
70 remote-service contractor is responsible for providing the necessary tools, materials, and
71 equipment to perform a remote service a person requests through the marketplace company's
72 digital application.
73 (2) A marketplace company's act of screening or training a remote-service contractor
74 does not affect the remote-service contractor's employment status under this chapter.