(1) A remote-service contractor is not an employee of a marketplace company, if under the agreement between the remote-service contractor and the marketplace company and in fact:
(a) all or substantially all of the work the remote-service contractor performs under the agreement:
(i) is on a per-job or per-transaction basis; and
(ii) the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;
(b) the marketplace company does not:
(i) prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;
(ii) prescribe a specific location where the remote-service contractor must be available to perform a remote service; or
(iii) restrict the remote-service contractor from engaging in another occupation or business; and
(c) except for the use of the marketplace company's digital application, the remote-service contractor is responsible for providing the necessary tools, materials, and equipment to perform a remote service a person requests through the marketplace company's digital application.
(2) A marketplace company's act of screening or training a remote-service contractor does not affect the remote-service contractor's employment status under this chapter.