(h) Conflict.--If there is a conflict between the provisions
of this act and the Workers' Compensation Act, the provisions of
this act shall control.
CHAPTER 5
MISCELLANEOUS PROVISIONS
Section 501. App-based worker status.
(a) Discrimination prohibited.--It shall be unlawful for a
network company, unless based upon a bona fide occupation
qualification or public or worker safety need, to refuse to
contract with, terminate the contract of or deactivate from the
network company's online-enabled application or platform any
app-based worker based upon age, race, creed, color, national
origin, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic
characteristics, familial status, marital status or status as a
victim of domestic violence.
(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
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.
20230SB0967PN1890 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30