Sec. 37.
(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.
History: 2016, Act 345, Eff. Mar. 21, 2017
Structure Michigan Compiled Laws
Act 345 of 2016 - Limousine, Taxicab, and Transportation Network Company Act (257.2101 - 257.2153)
Section 257.2101 - Short Title.
Section 257.2102 - Definitions.
Section 257.2105 - Disclosure of Information.
Section 257.2109 - Vehicle Safety Inspection.
Section 257.2116 - Enactment of Ordinances and Regulations by Airport; "Airport" Defined.
Section 257.2117 - Summary Suspension of Registration.
Section 257.2119 - Limousine Carrier; Insurance Coverage.
Section 257.2121 - Taxicab Carrier; Insurance Coverage.
Section 257.2129 - Service of Process; Agent.
Section 257.2135 - Electronic Receipt; Information.
Section 257.2137 - Transportation Network Company Driver as Independent Contractor; Conditions.
Section 257.2139 - Zero-Tolerance Policy.
Section 257.2141 - Acceptance of Transportation Request.
Section 257.2143 - Payments for Transportation.
Section 257.2147 - Lease of Limousine or Taxicab; Informing Person of Act Requirements.
Section 257.2149 - Certain Conduct as Misdemeanor; Fine; Proceeding.