34-53a - Remote Service Marketplace Platforms Act

Title 34 > 34-53a

Sections (3)

General Provisions

34-53a-101 - Title.

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

Enacted by Chapter 198, 2021 General Session

34-53a-102 - Definitions.

As used in this chapter:

(1) “Digital application” means an Internet-connected software application that a person uses to obtain or provide a remote service.

(2) “Marketplace company” means a person that: offers a digital application to the public; andaccepts requests for remote services exclusively through the person’s digital application.

(3) “Remote service” means a service that a person performs remotely through a digital application.”Remote service” includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application.

(4) “Remote-service contractor” means a person who uses a marketplace company’s digital application to provide a remote service to another person.

Enacted by Chapter 198, 2021 General Session

Employment Status

34-53a-201 - Conditions under which a remote-service contractor is not an employee of a marketplace company.

(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: all or substantially all of the work the remote-service contractor performs under the agreement:is on a per-job or per-transaction basis; andthe remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;the marketplace company does not:prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;prescribe a specific location where the remote-service contractor must be available to perform a remote service; orrestrict the remote-service contractor from engaging in another occupation or business; andexcept 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.

Enacted by Chapter 198, 2021 General Session