(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).