PENNSYLVANIA, September 17 - (h) Conflict.--If there is a conflict between the provisions

of this act and the Workers' Compensation Act, the provisions of

this act shall control.

CHAPTER 5

MISCELLANEOUS PROVISIONS

Section 501. App-based worker status.

(a) Discrimination prohibited.--It shall be unlawful for a

network company, unless based upon a bona fide occupation

qualification or public or worker safety need, to refuse to

contract with, terminate the contract of or deactivate from the

network company's online-enabled application or platform any

app-based worker based upon age, race, creed, color, national

origin, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic

characteristics, familial status, marital status or status as a

victim of domestic violence.

(b) Independent contractor.--Notwithstanding any other

provision of law, including the act of June 2, 1915 (P.L.736,

No.338), known as the Workers' Compensation Act, the act of

December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as

the Unemployment Compensation Law, and the act of January 17,

1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968 and

any orders, regulations or opinions, an app-based worker shall

be deemed an independent contractor and not an employee or agent

with respect to the app-based worker's relationship with a

network company if the following conditions are met:

(1) The network company does not unilaterally prescribe

specific dates, times of day or a minimum number of hours

during which the app-based worker must be logged into the

network company's online-enabled application or platform.

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