West Virginia § 17-29-11 Limitation on transportation network companies

West Virginia Statutes

§ 17-29-11 — Limitation on transportation network companies

West Virginia·Ch. 17 ROADS AND HIGHWAYS·Art. 29 TRANSPORTATION NETWORK COMPANIES

(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 oc

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(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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