7 LONG TITLE
8 General Description:
9 This bill amends Title 34, Labor in General, regarding the employment of status of
10 certain workers.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ establishes that an on-demand labor contractor is not an employee of a labor
15 marketplace platform 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 "On-demand Labor 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) "Labor marketplace platform company" means an entity that uses an
36 Internet-connected software platform, including a mobile application:
37 (a) to connect an on-demand labor contractor with a person seeking an on-demand
38 labor service;
39 (b) through which a third party may request and pay for an on-demand labor service;
41 (c) through which an on-demand labor contractor may:
42 (i) accept a request for an on-demand labor service from the labor marketplace
43 platform company or a third party; and
44 (ii) receive payment from the labor marketplace platform company or a third party for
45 the on-demand labor contractor's performance of an on-demand labor service.
46 (2) "On-demand labor contractor" means an individual who enters into an agreement
47 with a labor marketplace platform company to use the labor marketplace platform company's
48 software platform to find an opportunity to perform an on-demand labor service for a person
49 seeking an on-demand labor service through the software platform.
50 (3) "On-demand labor service" means work:
51 (a) performed as a discrete task; and
52 (b) (i) performed sporadically; or
53 (ii) that is of limited or finite duration.
54 Section 3. Section 34-53a-201 is enacted to read:
56 34-53a-201. Conditions under which an on-demand labor contractor is not an
57 employee of a labor marketplace platform company.
58 (1) An on-demand labor contractor is not an employee of a labor marketplace platform
59 company, if under the agreement between the on-demand labor contractor and the labor
60 marketplace platform company and in fact:
61 (a) all or substantially all of the on-demand labor services the on-demand contractor
62 performs under the agreement:
63 (i) are not for the labor marketplace platform company;
64 (ii) are on a per-job or per-transaction basis; and
65 (iii) the on-demand labor contractor receives payment for on an hourly, per-job, or
66 per-transaction basis;
67 (b) the labor marketplace platform company does not:
68 (i) prescribe specific hours during which the on-demand labor contractor must be
69 available to accept a request for on-demand labor service;
70 (ii) schedule, control, or limit the on-demand labor contractor's working hours;
71 (iii) restrict the on-demand labor contractor from:
72 (A) engaging in another occupation or business; or
73 (B) accepting a request for an on-demand labor service through another labor
74 marketplace platform company or otherwise;
75 (iv) set or control:
76 (A) the rate or amount of pay the on-demand labor contractor receives for an
77 on-demand labor service;
78 (B) any working conditions while the on-demand labor contractor performs the
79 on-demand labor service; or
80 (C) the manner, method, or location in which the on-demand labor contractor performs
81 an on-demand labor service;
82 (v) require the on-demand labor contractor to:
83 (A) accept a request for an on-demand labor service; or
84 (B) perform an on-demand labor service; or
85 (vi) hire, fire, or discipline the on-demand labor contractor for any purpose;
86 (c) each on-demand labor service the on-demand labor contractor performs requires
87 specialized training or skill that the labor marketplace platform company does not provide the
88 on-demand labor contractor; and
89 (d) except for the use of the labor marketplace platform company's software platform,
90 the on-demand labor contractor is responsible for:
91 (i) the practical knowledge, skill, or expertise required to perform an on-demand labor
92 service; and
93 (ii) providing the necessary tools, materials, or equipment required to perform an
94 on-demand labor service.
95 (2) A labor marketplace platform company's act of background screening an
96 on-demand labor contractor does not affect the on-demand labor contractor's employment
97 status under this chapter.