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23-13-719. Status of transportation network company drivers — Workers' compensation coverage not applicable.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-719. Status of transportation network company drivers — Workers' compensation coverage not applicable.
(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if:
(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 website, digital platform, or software application;
(2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided;
(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 transportation network company driver is an independent contractor of the transportation network company.
(b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-719
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-13-719
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0afe901f3752ae7b3b6be47cf590cc1fa7c646fc050e6fe8c05f1f5509806b37
Source location: content.xml paragraph 10233
Stored source content
23-13-719. Status of transportation network company drivers — Workers' compensation coverage not applicable.
(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if:
(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 website, digital platform, or software application;
(2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided;
(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 transportation network company driver is an independent contractor of the transportation network company.
(b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section.
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