§ 1911

Notwithstanding any other provision of law, 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 platform; (2) The TNC imposes no restrictions on the TNC driver's ability to utilize digital platforms from other TNCs; (3) The TNC does not assign a TNC driver a particular territory in which to operate; (4) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and (5) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.80 Del. Laws, c. 374, § 1;