Protecting Independence. Notwithstanding any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance Code, and any orders, regulations, or opinions of the Department of Industrial Relations or any board, division, or commission within the Department of Industrial Relations, an app-based driver is an independent contractor and not an employee or agent with respect to the app-based driver’s relationship with a network company if the following conditions are met:
(a) The network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based driver must be logged into the network company’s online-enabled application or platform.
(b) The network company does not require the app-based driver to accept any specific rideshare service or delivery service request as a condition of maintaining access to the network company’s online-enabled application or platform.
(c) The network company does not restrict the app-based driver from performing rideshare services or delivery services through other network companies except during engaged time.
(d) The network company does not restrict the app-based driver from working in any other lawful occupation or business.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)