1. A marketplace contractor shall be treated as an independent contractor, and not an employee of a marketplace platform, for all purposes under state or local law, including but not limited to chapters 87 and 96, if the following conditions are met:

 a. The marketplace contractor and marketplace platform agree in writing that the marketplace contractor is engaged as an independent contractor and not an employee of the marketplace platform.
 b. The marketplace platform does not unilaterally prescribe specific hours during which the marketplace contractor must be available to accept service requests submitted through the marketplace platform’s digital network.
 c. The marketplace platform does not prohibit the marketplace contractor from engaging in outside employment or performing services through other marketplace platforms.
 d. The marketplace contractor bears its own expenses incurred in performing services.
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Terms Used In Iowa Code 93.2

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Governmental entity: means the same as defined in section 96. See Iowa Code 93.1
  • Indian tribe: means the same as defined in section 96. See Iowa Code 93.1
  • Marketplace contractor: means a person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor, or other entity, that does all of the following:
     (1) Enters into a written agreement with a marketplace platform to use the marketplace platform's digital network to connect with individuals or entities that seek to obtain services from the marketplace contractor. See Iowa Code 93.1
  • Marketplace platform: means a person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor, or other entity, that operates a digital network to connect marketplace contractors to individuals or entities that seek to obtain the type of services offered by marketplace contractors. See Iowa Code 93.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
 2. For services performed by a marketplace contractor prior to July 1, 2018, a marketplace contractor shall be treated as an independent contractor and not an employee of a marketplace platform for all purposes under state or local law, including but not limited to chapters 87 and 96, if the conditions set forth in subsection 1 were satisfied at the time the services were performed.
 3. When providing services that require an Iowa license, the marketplace contractor shall be responsible for obtaining the Iowa license and making such license available to the individuals or entities for whom the marketplace contractor is providing services.
 4. This section shall not apply to any of the following:

 a. Services performed by an individual in the employ of a governmental entity or Indian tribe, but only if the services are excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. § 3301 – 3311, solely by reason of section 3306(c)(7) of that Act.
 b. Services performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if the services are excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. § 3301 – 3311, solely by reason of section 3306(c)(8) of that Act.
 c. Services performed by a real estate broker or a real estate salesperson licensed pursuant to chapter 543B.
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