34-53 - Service Marketplace Platforms Act

Title 34 > 34-53

Sections (4)

General Provisions

34-53-101 - Title.

This chapter is known as “Service Marketplace Platforms Act.”

Enacted by Chapter 386, 2018 General Session

34-53-102 - Definitions.

As used in this chapter:

(1) “Building service” means any of the following services, if the charge for the service is $3,000 or less:cleaning or janitorial;furniture delivery, assembly, moving, or installation;landscaping;home repair; orany service similar to the services described in Subsections (1)(a) through (d).

(2) “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.

(3) “Daycare provider” means an individual 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 daycare service.

(4) “Daycare service” means a paid service provided by an individual:for the supervision and care of one or more children; andduring a period of time where the parent or guardian of the child is not present.

(5) “Service marketplace platform” means an entity that:uses an Internet-connected software platform, including a mobile application:to connect building service contractors with customers seeking a building service; andthrough which a customer may request a building service; andcharges the building service contractor a fee to use the software platform.

Amended by Chapter 256, 2025 General Session

Employment Status

34-53-201 - Independent contractor presumption — Building service contractor.

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

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

Amended by Chapter 256, 2025 General Session

34-53-202 - Independent contractor presumption — Daycare provider.

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

(2) There is a presumption that a daycare provider who affiliates with a service marketplace platform is an independent contractor of the service marketplace platform, unless there is clear and convincing evidence that the parties intended the daycare provider to be an employee.The presumption described in Subsection (2)(a) extends to each act the daycare provider performs in connection with a service request placed through the service marketplace platform.

Enacted by Chapter 256, 2025 General Session