Sec. 37.
(1) A transportation network company driver shall be considered an independent contractor, and not an employee of a transportation network company, if all of the following conditions are met:
(a) The transportation network company does not prescribe the specific hours during which the transportation network company driver is required to be logged in to the transportation network company's digital network.
(b) The transportation network company does not impose any restrictions on the transportation network company driver's ability to use other transportation network companies' digital networks.
(c) The transportation network company does not assign a transportation network company driver a particular territory within this state in which he or she may provide transportation network company prearranged rides.
(d) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business.
(e) The transportation network company and the transportation network company driver agree in writing that the transportation network company driver is an independent contractor.
(2) A transportation network company shall not be deemed to control, direct, or manage a personal vehicle or a transportation network company driver who connects to its digital network, unless the parties have agreed otherwise in a written contract.
History: 2016, Act 345, Eff. Mar. 21, 2017
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