People who perform services that interact with a virtual platform (also known as Gig Employment) may work from their home or a vehicle. Many Gig Employers use a business model that asserts that individuals contracting to provide services are independent contractors. The determination as to whether service providers are employees or independent contractors still turns on whether they meet the requirements of ORS 670.600 - principally that they are (1) free from direction and control over the manner and means AND (2) that they are providing services by way of an independently established business. You cannot contractually "waive" your right to be an employee or opt to be an independent contractor.
Characteristics of an Independent Contractor
1. Service Provider sets his or her own schedule and determines where services are performed
2. Service Provider supplies the necessary tools of the trade such as tools, vehicles, phone, gas, advertising and internet/phone service
3. Service Provider is free to set the terms of sale or make adjustments to contracts for services or sales
4. Service Provider is not subject to quality control checks or reviews
5. Service Provider markets and/or contracts to provide services for multiple businesses
6. Service Provider services are not a fixed part of another's business; contracts are for delimited deliverables or time-spans and are not automatically renewed
7. Service Provider negotiates the terms of his or her compensation. Provider has the right to discount or waive fees (example - buy one get one)
Characteristics of an Employee
1. Service Provider works when and where the employer directs
2. Service Provider must manage customer interactions according to employer's policy/direction and is subject to quality control checks (example - dictates route or gives instructions on how to provide the service)
3. Service Provider does not incur the cost of all the necessary tools; employer supplies communication connections, leads/customers and/or platform providing work assignments
4. Service Provider follows employer-prescribed directives on price and terms of sales to customers
5. Service Provider performs services for platform customer as a fixed part of that employer's business model
6. Service Provider is paid according to the employer's compensation plan
7. Service Provider is not allowed to solicit further business from the customer but must refer them back to the platform for future business