(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met:
(1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company’s digital network;
(2) The transportation network company imposes no restrictions on the transportation network company driver’s ability to utilize digital networks from other transportation network companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(5) The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.
(b) A transportation network company operating under this article is not required to provide workers’ compensation coverage to a transportation network company driver that is classified as an independent contractor pursuant to this section.
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