Michigan Laws 257.2137 – Transportation network company driver as independent contractor; conditions
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Terms Used In Michigan Laws 257.2137
- Contract: A legal written agreement that becomes binding when signed.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Personal vehicle: means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is used by a transportation network company driver that satisfies both of the following:
(i) The vehicle is owned, leased, or otherwise authorized for use by the transportation network company driver. See Michigan Laws 257.2102state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Transportation network company: means a person operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide transportation network company prearranged rides. See Michigan Laws 257.2102 Transportation network company driver: means an individual who satisfies all of the following:
(i) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company. See Michigan Laws 257.2102
(1) A transportation network company driver shall be considered an independent contractor, and not an employee of a transportation network company, if all of the following conditions are met:
(a) The transportation network company does not prescribe the specific hours during which the transportation network company driver is required to be logged in to the transportation network company’s digital network.
(b) The transportation network company does not impose any restrictions on the transportation network company driver’s ability to use other transportation network companies’ digital networks.
(c) The transportation network company does not assign a transportation network company driver a particular territory within this state in which he or she may provide transportation network company prearranged rides.
(d) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business.
(e) The transportation network company and the transportation network company driver agree in writing that the transportation network company driver is an independent contractor.
(2) A transportation network company shall not be deemed to control, direct, or manage a personal vehicle or a transportation network company driver who connects to its digital network, unless the parties have agreed otherwise in a written contract.