§ 22-1-6-3 — Requirements for marketplace contractor to be treated as independent contractor

Notwithstanding any other law, a marketplace
contractor shall be treated as an independent contractor for all purposes
under state law and ordinances and resolutions adopted by political
subdivisions (as defined in IC 36-1-2-13), if the following apply:
(1) All or substantially all of the payment for the services
performed by the marketplace contractor is related to the
performance of services or other output.
(2) The services performed by the marketplace contractor are
governed by a written contract executed between the marketplace
contractor and the marketplace platform.
(3) The written contract required under subdivision (2) includes
the following provisions:
(A) The marketplace contractor is providing services as an
independent contractor and not as an employee of the
marketplace platform.
(B) All or substantially all of the payments paid to the
marketplace contractor are to be based on the performance of
services or other output by the marketplace contractor.
(C) The marketplace contractor may work any hours or
schedules the marketplace contractor chooses. However, if the
marketplace contractor does elect to work specified hours or
schedules, the marketplace platform may require the
marketplace contractor to work during the specified hours or
schedules that the marketplace contractor elected to work.
(D) Except as provided in clause (C), the marketplace
contractor may perform services for other parties without
restriction.
(E) The marketplace contractor bears responsibility for all or
substantially all of the expenses that the marketplace contractor
pays or incurs in performing the services, without the right to
obtain reimbursement from the marketplace platform for the
expenses.

Legislative History

As added by P.L.82-2018, SEC.1.