(a) Except as provided in (b) of this section, a transportation network company is not an employer of transportation network company drivers under AS 23.10.699, AS 23.20.520, or AS 23.30.395. A transportation network company driver is an independent contractor for all purposes and is not an employee of the transportation network company if the transportation network company
- (1) does not unilaterally prescribe specific hours during which a driver shall be logged onto the digital network of the transportation network company;
- (2) does not impose restrictions on the ability of the driver to use the digital network of other transportation network companies;
- (3) does not restrict a driver from engaging in any other occupation or business; and
- (4) enters into a written agreement with the driver stating that the driver is an independent contractor for the transportation network company.
- (b) This section does not apply to AS 23.20 if the transportation network company is owned or operated by the state, a municipality, a federally recognized tribe, or an entity that is exempt from federal taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code).