On March 15, West Virginia Governor signed House Bill 4228 into law which enabled Transportation Network Companies, such as Uber and Lyft to operate in West Virginia. The new law also states that drivers are independent contractors if they meet five conditions. HB 4228 provides:
(3) “Transportation network company” means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and operating in West Virginia that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company does not control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract
…
(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met:
(1) The transportation network company does not prescribe specific hours during which a transportation network company Driver must be logged into the transportation network company’s digital network;
(2) The transportation network company imposes no restrictions on the transportation network company driver’s ability to utilize digital networks from other Transportation Network Companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(5) The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.
(b) A transportation network company operating under this article is not required to provide workers’ compensation coverage to a transportation network company driver that is classified as an independent contractor pursuant to this section.
Read the full bill at HB 4228 Text and see the legislative history at House Bill 4228
