1. As used in this chapter: a. "Delivery network company" has the same meaning as provided under section 26.1-40.2-01. b. "Delivery network driver" has the same meaning as provided under section 26.1-40.2-01. 2. A delivery network driver is an independent contractor and not an employee of a delivery network company if the delivery network company: a. Enters an agreement with the delivery network driver that the delivery network driver is an independent contractor and not an employee of the delivery network company; b. Does not unilaterally prescribe specific hours during which the delivery network driver must be available to accept service requests submitted through the delivery network company's digital network; and c. Does not prohibit the delivery network driver from engaging in outside employment or performing services through other delivery network companies except while the delivery network driver is engaged in performing services through the delivery network company's digital network. 3. A delivery network company may not terminate the contract of the delivery network company driver for a driver's refusal to accept a specific delivery request.
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