Section 22-1-6-3 - Requirements for marketplace contractor to be treated as independent contractorNotwithstanding any other law, a marketplace contractor shall be treated as an independent contractor for all purposes under state law and ordinances and resolutions adopted by political subdivisions (as defined in IC 36-1-2-13), if the following apply:
(1) All or substantially all of the payment for the services performed by the marketplace contractor is related to the performance of services or other output.(2) The services performed by the marketplace contractor are governed by a written contract executed between the marketplace contractor and the marketplace platform.(3) The written contract required under subdivision (2) includes the following provisions: (A) The marketplace contractor is providing services as an independent contractor and not as an employee of the marketplace platform.(B) All or substantially all of the payments paid to the marketplace contractor are to be based on the performance of services or other output by the marketplace contractor.(C) The marketplace contractor may work any hours or schedules the marketplace contractor chooses. However, if the marketplace contractor does elect to work specified hours or schedules, the marketplace platform may require the marketplace contractor to work during the specified hours or schedules that the marketplace contractor elected to work.(D) Except as provided in clause (C), the marketplace contractor may perform services for other parties without restriction.(E) The marketplace contractor bears responsibility for all or substantially all of the expenses that the marketplace contractor pays or incurs in performing the services, without the right to obtain reimbursement from the marketplace platform for the expenses.Added by P.L. 82-2018,SEC. 1, eff. 7/1/2018.