Notwithstanding any other provision of law, TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met:

(1) The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC’s digital platform;

(2) The TNC imposes no restrictions on the TNC driver’s ability to utilize digital platforms from other TNCs;

(3) The TNC does not assign a TNC driver a particular territory in which to operate;

(4) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and

(5) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.

80 Del. Laws, c. 374, § 1;