Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 32 (2021GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms; and
• establishes that a remote-service contractor is not an employee of a marketplace company if certain conditions are met.

Every vote on this bill

Bill text

EMPLOYEE STATUS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
James A. Dunnigan
LONG TITLE
General Description:
This bill amends Title 34, Labor in General regarding the employment status of certain
workers.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ establishes that a remote-service contractor is not an employee of a marketplace
company if certain conditions are met.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-53a-101
, Utah Code Annotated 1953
34-53a-102
, Utah Code Annotated 1953
34-53a-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-53a-101
 is enacted to read:
CHAPTER 53a. REMOTE SERVICE MARKETPLACE PLATFORMS ACT
Part 1. General Provisions
 34-53a-101.
Title.
This chapter is known as "Remote Service Marketplace Platforms Act."
Section 2. Section 
34-53a-102
 is enacted to read:
 34-53a-102.
Definitions.
As used in this chapter:
(1) "Digital application" means an Internet-connected software application that a
person uses to obtain or provide a remote service.
(2) "Marketplace company" means a person that:
(a) offers a digital application to the public; and
(b) accepts requests for remote services exclusively through the person's digital
application.
(3) (a) "Remote service" means a service that a person performs remotely through a
digital application.
(b) "Remote service" includes tutoring, closed captioning, open captioning, subtitling,
transcribing, translating, interpreting, and conducting a language assessment remotely through
a digital application.
(4) "Remote-service contractor" means a person who uses a marketplace company's
digital application to provide a remote service to another person.
Section 3. Section 
34-53a-201
 is enacted to read:
Part 2. Employment Status
 34-53a-201.
Conditions under which a remote-service contractor is not an
employee of a marketplace company.
(1) A remote-service contractor is not an employee of a marketplace company, if under
the agreement between the remote-service contractor and the marketplace company and in fact:
(a) all or substantially all of the work the remote-service contractor performs under the
agreement:
(i) is on a per-job or per-transaction basis; and
(ii) the remote-service contractor receives payment for on an hourly, per-job, or
per-transaction basis;
(b) the marketplace company does not:
(i) prescribe specific hours during which the remote-service contractor must be
available to accept a request for remote service;
(ii) prescribe a specific location where the remote-service contractor must be available
to perform a remote service; or
(iii) restrict the remote-service contractor from engaging in another occupation or
business; and
(c) except for the use of the marketplace company's digital application, the
remote-service contractor is responsible for providing the necessary tools, materials, and
equipment to perform a remote service a person requests through the marketplace company's
digital application.
(2) A marketplace company's act of screening or training a remote-service contractor
does not affect the remote-service contractor's employment status under this chapter.