States with “marketplace contractor” laws defining app-based workers as nonemployees
| State | Color key | Law status | Year Passed | Law | History |
|---|---|---|---|---|---|
| Alabama | 1 | Has law | 2022 | Ala. Code § 25-4-10 | Since 2022, according to Alabama law, a “marketplace contractor shall not be deemed to be an employee of a marketplace platform” as long as certain conditions are met. |
| Alaska | 0 | No law | |||
| Arizona | 1 | Has law | 2016 | Ariz. Rev. Stat. § 23-1603 | Since 2016, according to Arizona law, “a qualified marketplace contractor shall be treated as an independent contractor for all purposes under state and local laws, regulations and ordinances, including employment security laws prescribed in chapter 4 of this title and workers’ compensation laws prescribed in chapter 6 of this title,” if certain conditions are met. |
| Arkansas | 0 | No law | |||
| California | 0 | No law | |||
| Colorado | 0 | No law | |||
| Connecticut | 0 | No law | |||
| Delaware | 0 | No law | |||
| Washington D.C. | 0 | No law | |||
| Florida | 1 | Has law | 2018 | FL Stat § 451.02 | Since 2018, Florida law defines a “marketplace contractor” as “an independent contractor, and not as an employee, of the marketplace platform for all purposes under state and local laws, regulations, and ordinances” if certain conditions are met. |
| Georgia | 0 | No law | |||
| Hawaii | 0 | No law | |||
| Idaho | 0 | No law | |||
| Illinois | 0 | No law | |||
| Indiana | 1 | Has law | 2018 | IN Code § 22-1-6-3 | Since 2018, according to Indiana 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” if certain conditions apply. |
| Iowa | 1 | Has law | 2018 | IA Code § 93.2 (2020) | Since 2018, according to Iowa law, 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,” if certain conditions are met. |
| Kansas | 0 | No law | |||
| Kentucky | 1 | Has law | 2018 | KY Rev Stat § 336.137 | Since 2018, according to Kentucky law, “a marketplace contractor shall not be deemed to be an employee of a marketplace platform for any purpose under state and local laws, regulations, and ordinances” if certain conditions are met. |
| Louisiana | 0 | No law | |||
| Maine | 0 | No law | |||
| Maryland | 0 | No law | |||
| Massachusetts | 0 | No law | |||
| Michigan | 0 | No law | |||
| Minnesota | 0 | No law | |||
| Mississippi | 0 | No law | |||
| Missouri | 0 | No law | |||
| Montana | 0 | No law | |||
| Nebraska | 0 | No law | |||
| Nevada | 0 | No law | |||
| New Hampshire | 0 | No law | |||
| New Jersey | 0 | No law | |||
| New Mexico | 0 | No law | |||
| New York | 0 | No law | |||
| North Carolina | 0 | No law | |||
| North Dakota | 0 | No law | |||
| Ohio | 0 | No law | |||
| Oklahoma | 0 | No law | |||
| Oregon | 0 | No law | |||
| Pennsylvania | 0 | No law | |||
| Rhode Island | 0 | No law | |||
| South Carolina | 0 | No law | |||
| South Dakota | 1 | Has law | 2022 | S.D. Codified Laws § 60-1-7 |
Since 2022, under South Dakota law, a “delivery facilitation contractor” is an independent contractor and not an employee of the “delivery facilitation platform”; the law specifies that “delivery facilitation platforms” include but are not limited to transportation network companies. |
| Tennessee | 1 | Has law | 2018 | TN Code § 50-8-102 | Since 2018, according to Tennessee law, “a marketplace contractor is an independent contractor and not an employee of the marketplace platform for all purposes under state and local laws, rules, ordinances, and resolutions” if certain conditions are met. |
| Texas | 1 | Has law | 2019 | 40 Tex. Admin. Code § 815.134 | Since 2019, Texas state administrative code specifies that a marketplace contractor is an independent contractor and not an employee. |
| Utah | 1 | Has law | 2015 | UT Code § 34-53-102 | Since 2015, Utah has had a marketplace contractor law that regulates platform workers. In 2018, Utah passed additional legislation stating that “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.” |
| Vermont | 0 | No law | |||
| Virginia | 0 | No law | |||
| Washington | 0 | No law | |||
| West Virginia | 0 | No law | |||
| Wisconsin | 0 | No law | |||
| Wyoming | 0 | No law |
Source: EPI analysis of state laws.