Gig Economy

State Color key Law status Year Passed Law History Passed by
Alabama 0 Does not have law
Alaska 1 Has law 2017 Alaska Stat. Ann. § 29.35.148 Since 2017, Alaska has prohibited localities from regulating transportation network companies, their drivers, and personal vehicles used in connection with transportation network services. Gov. Bill Walker (I), a Republican majority state senate, and a Democratic state house
Arizona 1 Has law 2015 Ariz. Rev. Stat. § 28-142 Since 2015, Arizona has prohibited city and county government entities, other than public airport operators, from regulating transportation network companies. Gov. Doug Ducey (R) and a Republican majority state legislature
Arkansas 1 Has law 2015 A.C.A. § 23-13-719 Since 2015, Arkansas has prohibited localities from imposing taxes or licensing requirements on transportation network companies or their drivers. Transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met. Gov. Asa Hutchinson (R) and a Republican majority state legislature
California 1 Has law 2017 Cal. Bus. & Prof. Code § 16550.2 Since 2017, California has prohibited its cities and counties from requiring transportation network company drivers to have more than one business license to operate statewide. Gov. Edmund G. Brown (D) and a Democratic majority state legislature
Colorado 1 Has law 2014 C.R.S. § 40-10.1-603 Since 2014, transportation network companies are governed exclusively by the state. Gov. John Hickenlooper (D) and a Democratic majority state legislature
Connecticut 0 Does not have law
Delaware 1 Has law 2016 Del. Code Ann. tit. 2, § 1922 Since 2016, Delaware has prohibited localities from imposing taxes or licensing requirements on transportation network companies or their drivers, and has prohibited localities from setting rates for driver pay. Transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met. Gov. Jack Markell (D) and a Democratic majority state legislature
Washington D.C. 0 Does not have law
Florida 1 Has law 2017 FL HB 221 Since 2017, Florida has prohibited localities from regulating transportation network companies or their drivers. The law also states that a “TNC is not deemed to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract” (which means drivers won’t meet the legal test to be considered employees, and will be considered independent contractors). Gov. Rick Scott (R) and a Republican majority state legislature
Georgia 0 Does not have law
Hawaii 1 Has law 2016 HI Rev Stat § 431:10C-703 Since 2016, Hawaii has prohibited its cities and counties from regulating insurance for drivers of transportation network company vehicles. Gov. David Ige (R) and a Democratic majority state legislature
Idaho 1 Has law 2015 Id. Code Ann. § 49-3715 Since 2015, according to Idaho law, “no municipality or other local entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing TNC services, or subject a TNC to the municipality or other local entity’s rate, entry, operational or other requirements.” Gov. Butch Otter (R) and a Republican majority state legislature
Illinois 1 Has law 2015 625 ILCS 57/32 Since 2015, Illinois law has prohibited any “unit of local government, whether or not it is a home rule unit,” from regulating “transportation network companies, transportation network company drivers, or transportation network company services in a manner that is less restrictive than the regulation by the State.” Gov. Bruce Rauner (R) and a Democratic majority state legislature
Indiana 1 Has law 2015 In.C. § 8-2.1-19.1-4 Since 2015, transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met. Gov. Mike Pence (R) and a Republican majority state legislature
Iowa 1 Has law 2016 Ia. Code Ann. § 321N.11 Since 2016, transportation network companies have been regulated exclusively by the state. Gov. Terry Branstad (R) and a split majority state legislature
Kansas 1 Has law 2015 K.S.A. § 8-2702 Since 2015, according to Kansas law, “a transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Sam Brownback (R) and a Republican majority state legislature
Kentucky 1 Has law 2018 HB 220 Reg. Session 2018 Since 2018, Kentucky has prohibited local governments from regulating “marketplace contractors” as employees. Marketplace contractors are assumed to be independent contractors and not employees if certain requirements are met. (“Marketplace contractor” is defined as “a person or entity that enters into an agreement with a marketplace platform to use its digital network or mobile application to receive connections to third party individuals or entities seeking services.”) Gov. Matt Bevin (R) and a Republican majority state legislature
Louisiana 0 Does not have law
Maine 1 Has law 2015 2015 ME H.B. 934 Since 2015, Maine has prohibited its cities and counties from regulating transportation network companies, their drivers, and personal vehicles used in connection with transportation network services. Gov. Paul LePage (R) and a split majority state legislature
Maryland 1 Has law 2016 Md. Code § 10-406 Since 2016, Maryland has limited the taxes that cities and counties can level on transportation network companies (with exemptions for jurisdictions that already had a tax in place prior to 2015). Gov. Larry Hogan (R) and a Democratic majority state legislature
Massachusetts 1 Has law 2016 2016 Mass. Ch. 187 Since 2016, Massachusetts has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Gov. Charlie Baker (R) and a Democratic majority state legislature
Michigan 1 Has law 2016 Act 345 of 2016; MCL § 257.2115 Effective March 2017, Michigan has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Gov. Rick Snyder (R) and a Republican majority state legislature
Minnesota 0 Does not have law
Mississippi 1 Has law 2016 Miss. Code Ann. §77-8-37 Since 2016, Mississippi has prohibited city and county government entities, other than public airport operators, from imposing taxes on or requiring licenses for transportation network company drivers or imposing a local rate, among other requirements, on transportation network companies. Gov. Phil Bryant (R) and a Republican majority state legislature
Missouri 1 Has law 2016 Mo. Rev. Stat. § 379.1700 Since 2016, according to Missouri law, “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Jay Nixon (R) and a Republican majority state legislature
Montana 1 Has law 2015 MT Code Ann. § 69-12-342 Since 2015, Montana has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or imposing a local rate, among other requirements, on transportation network companies. Gov. Steve Bullock (R) and a Republican majority state legislature
Nebraska 0 Does not have law
Nevada 1 Has law 2015 Nev. Rev. Stat. 706A.090 Since 2014, according to Nevada law, “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except when agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Brain Sandoval (R) and a Republican majority state legislature
New Hampshire 1 Has law 2016 NH Rev Stat § 376-A:17 Since 2016, New Hampshire has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. New Hampshire law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Maggie Hassan (R) and a Republican majority state legislature
New Jersey 0 Does not have law
New Mexico 1 Has law 2016 N.M. Stat. Ann. § 65-7-2 Since 2016, New Mexico has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. New Mexico law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Susana Martinez (R) and a split majority state legislature
New York 0 Does not have law
North Carolina 1 Has law 2015 N.C. Gen. Stat. § 20-280.10 Since 2015, North Carolina has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Gov. Pay McCrory (R) and a Republican majority state legislature
North Dakota 1 Has law 2015 N.D. Cent. Code § 39-34-06 Since 2015, North Dakota has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Gov. Jack Dalrymple (R) and a Republican majority state legislature
Ohio 1 Has law 2016 Ohio Rev. Code § 4925.09 Since 2016, Ohio has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Ohio law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except when agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. John Kasich (R) and a Republican majority state legislature
Oklahoma 1 Has law 2015 Okla. Stat. tit. 47, § 1030 Since 2015, Oklahoma has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Oklahoma law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Mary Fallin (R) and a Republican majority state legislature
Oregon 0 Does not have law
Pennsylvania 0 Does not have law
Rhode Island 1 Has law 2016 R.I. Gen. Laws § 39-14.2-18; 39-14.2-19 Since 2016, Rhode Island has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Gov. Gina Raimondo (R) and a Democratic majority state legislature
South Carolina 1 Has law 2015 S.C. Code Ann. § 58-23-10 Since 2015, South Carolina has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Gov. Nikki Haley (R) and a Republican majority state legislature
South Dakota 1 Has law 2016 S.D. Cod. Laws § 32-40-23 Since 2016, South Dakota has prohibited its cities and counties from regulating insurance requirements for transportation network companies beyond the state law. Gov. Dennis Daugaard (R) and a Republican majority state legislature
Tennessee 1 Has law 2016 Tenn. Code Ann. § 65-15-302 Since 2016, Tennessee has prohibited its cities and counties from regulating transportation network companies. The law also states that “a transportation network company shall not be deemed to own, control, direct, or manage the personal vehicles used by transportation network company drivers and is not deemed to control or manage transportation network company drivers.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Bill Haslam (R) and a Republican majority state legislature
Texas 1 Has law 2015 Tex. Code Ann. § 1954.102 Since 2015, according to Texas law, “a transportation network company does not control, direct, or manage a personal vehicle or a transportation network company driver who connects to the company’s digital network except as agreed by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Greg Abbott (R) and a Republican majority state legislature
Utah 1 Has law 2015 Laws: Utah Code Ann. § 13-51-109; HB 364 Reg. Session 2018 Since 2015, Utah has prohibited city and county government entities, other than public airport operators, from regulating transportation network companies. Since 2018, anyone who uses an online platform to find work and performs one of the following building services is considered to be an independent contractor, if the charge for the service is $3,000 or less: cleaning or janitorial; furniture delivery, assembly, moving, or installation; landscaping; home repair; or any service similar to the services described above. Gov. Gary Herbert (R) and a Republican majority state legislature
Vermont 0 Does not have law
Virginia 1 Has law 2015 Va. Code Ann. § 46.2-2099.46, 46.2-2099.47 Since 2015, Virginia has prohibited its cities and counties from regulating transportation network companies. Gov. Terry McAuliffe (D) and a Republican majority state legislature
Washington 0 Does not have law
West Virginia 1 Has law 2016 Laws: W.V. Code § 17-29-19; W.V. Code § 17-29-1 Since 2016, West Virginia has prohibited its cities and counties from regulating transportation network companies. Since 2016, West Virginia law also states that “a transportation network company does not control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Earl Ray Tomblin (R) and a Republican majority state legislature
Wisconsin 1 Has law 2015 Wis. Stat. § 440.465 Since 2015, Wisconsin has prohibited its cities and counties from regulating transportation network companies. Gov. Scott Walker (R) and a Republican majority state legislature
Wyoming 1 Has law 2017 Wyo. Stat. Ann. § 31-20-110 Since 2017, Wyoming has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. The law also states that “a transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.) Gov. Matt Mead (R) and a Republican majority state legislature

 

Economic Policy Institute

Note: New Jersey and Oregon have enacted statewide paid sick days laws that guarantee paid sick days for most workers, but also prohibit localities from passing more generous policies.

Source: Worker rights preemption in the U.S., the Economic Policy Institute's preemption law tracker.

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