Except as provided in section 387.433, all TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met:
(1) The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC's digital network;
(2) The TNC imposes no restrictions on the TNC driver's ability to utilize digital networks from other TNCs;
(3) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and
(4) The TNC and TNC driver agree in writing that the driver is an independent contractor with respect to the TNC.