{"data":{"id":"us-ky/krs-336.137","jurisdiction":"us-ky","citation":"KRS 336.137","heading":"Marketplace contractor not an employee of a marketplace platform --","body":"Conditions -- Exclusion from application of section.\n(1) As used in this section:\n(a) \"Marketplace contractor\" means a person or entity that enters into an\nagreement with a mar ketplace platform to use its digital network or mobile\napplication to receive connections to third-party individuals or entities seeking\nservices; and\n(b) \"Marketplace platform\" means a person or entity that:\n1. Offers a digital network or mobile application that connects marketplace\ncontractors to third -party individuals or entities seeking the type of\nservices offered by a marketplace contractor;\n2. Accepts service requests from the public exclusively through its digital\nnetwork or mobile application and does not accept service requests by\ntelephone, facsimile, or in person at a physical retail location; and\n3. Does not perform the services offered by the marketplace contractor at\nor from a physical business location that is operated by the platform in\nthe state.\n(2) A marketplace contractor shall not be deemed to be an employee of a marketplace\nplatform for any purpose under state and local laws, regulations, and ordinances,\nincluding but not limited to KRS Chapters 336, 341, and 342, so long as:\n(a) The marketplace platform and the marketplace contractor agree in writing that\nthe marketplace contractor is an independent contractor with respect to the\nmarketplace platform;\n(b) The marketplace platform does not unilaterally prescribe specific hours during\nwhich the marketplace contractor must be available to accept service requests\nfrom third -party individuals or entities submitted solely through the online -\nenabled application, software, Web site, or system of the marketplace\nplatform;\n(c) The marketplace pla tform does not prohibit the marketplace contractor from\nusing any online-enabled application, software, Web site, or system offered by\nanother marketplace platform;\n(d) The marketplace platform does not restrict the marketplace contractor from\nengaging in another occupation or business;\n(e) The marketplace contractor bears all or substantially all of the expenses\nincurred by the marketplace contractor in performing the services; and\n(f) The marketplace platfor m does not supply instrumentalities or tools for the\nperson doing the work;\n(3) For services performed by a marketplace contractor prior to July 14, 2018, the\nmarketplace contractor shall be treated as an independent contractor of the\nmarketplace platform and not an employee of the marketplace platform if the\nrequirements set forth in subsection (2) of this section were met at the time at which\nthe services were performed.\n(4) This section shall not apply to:\n(a) Service performed in the employment of a state or any political subdivision of\na state, or in the employ of an Indian tribe, or any instrumentality of a state,\nany political subdivision of a state, or any Indian tribe that is wholly owned by\none (1) or more states or political subdivisions of Indian  tribes, provided such\nservice is excluded from employment as defined in 26 U.S.C. secs. 3301 to\n3311;\n(b) Service performed in the employment of a religious, charitable, educational,\nor other organization that is excluded from employment as defined in 26\nU.S.C. secs. 3301 to 3311, solely by reason of 26 U.S.C. sec. 3306(c)(8); or\n(c) Services consisting of transporting freight, sealed envelopes, boxes or parcels,\nor other sealed containers for compensation.","path":["KRS Chapter 336"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47492","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:25Z","sha256":"92c21af022115cdf1c8a27aef620ef485be2169c475c94cd1a2186e29f24880d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-336.135","next":"us-ky/krs-336.140"},"notice":"GroundRules: Original legal text. Not legal advice."}