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.
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