(A) Chapters 4111., 4121., 4123., 4141., and sections 4113.15 and 4113.16 of the Revised Code do not apply to transportation network companies with regard to transportation network company drivers and transportation network company drivers are not employees for purposes of those chapters or sections, except where agreed to by written contract. If the parties agree to the application of one or more of these laws in a written contract, the transportation network company shall notify the appropriate agency of the election to cover the driver. If the parties subsequently change this election, the transportation network company shall notify the appropriate agency of the change.
(B) Except where agreed to by written contract, a transportation network company driver is not an agent of a transportation network company.
(C) A driver may bring an action and recover under section 4113.52 of the Revised Code if a transportation network company has discontinued or otherwise removed the driver's access to the transportation network company's digital network because of the driver making a report under that section. If a driver brings an action under that section, the driver shall comply with the procedures for employees established in that section to receive the relief and remedies listed in division (E) of that section.
A driver is not an employee for purposes of sections 4113.51 and 4113.52 of the Revised C ode. Nothing in this division shall be construed to create an employer and employee relationship between a transportation network company driver and a transportation network company.
Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.
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