network company's online-enabled application or platform any
app-based worker based on the characteristics identified in
section 5 of the act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act.
(b) Independent contractor.--Notwithstanding any other
provision of law, including the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
the Unemployment Compensation Law, and the act of January 17,
1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968, and
any orders, regulations or opinions, an app-based worker shall
be deemed an independent contractor and not an employee or agent
for all purposes with respect to the app-based worker's
relationship with a network company if the following conditions
are met:
(1) The network company does not unilaterally prescribe
specific dates, times of day or a minimum number of hours
during which the app-based worker must be logged into the
network company's online-enabled application or platform.
(2) The network company does not terminate the contract
of the app-based worker for not accepting a specific request
for services.
(3) The network company does not restrict the app-based
worker from performing services through other network
companies' platforms except while performing services through
the network company's own online-enabled application or
platform.
(4) The network company does not contractually restrict
the app-based worker from working in any other lawful
occupation or business.
Section 502. Severability.
(a) General rule.--Except as provided under subsection (b),
the provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
(b) Exception.--Notwithstanding subsection (a), if section
501 is held to be invalid by a decision of any court of
competent jurisdiction, the decision shall apply to the entirety
of the remaining provisions of this act, and no provision of
this act shall be deemed valid or given force of law.
(c) Existing portable benefit accounts.--If section 501 is
held by any court to be invalid, the portable benefit account
and contributions made by an eligible worker and a network
company shall remain the property of the eligible worker
associated with the portable benefit account.
Section 503. Statewide uniformity.
A provision of a local law or ordinance, or a rule or
regulation promulgated on or after the effective date of this
section, which governs the relationship between a network
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