Notwithstanding any other provision of law, TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met:
(1) The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC’s digital platform;
(2) The TNC imposes no restrictions on the TNC driver’s ability to utilize digital platforms from other TNCs;
(3) The TNC does not assign a TNC driver a particular territory in which to operate;
(4) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and
(5) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.
80 Del. Laws, c. 374, § 1.
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