(1) "Worker" means every person in this state who is engaged in the employment of an employer under this title, whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract, the essence of which is his or her personal labor for an employer under this title, whether by way of manual labor or otherwise, in the course of his or her employment, or as an exception to the definition of worker, a person is not a worker if he or she meets the tests set forth in RCW 51.08.195 (1) through (6) or the separate tests set forth in RCW 51.08.181 for work performed that requires registration under chapter 18.27 RCW or licensing under chapter 18.106 or 19.28 RCW: PROVIDED, That a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier.

(2) Notwithstanding subsection (1) of this section, and for purposes of this title only, a driver, as defined in RCW 49.46.300, shall have the same rights and obligations of a "worker" under this title with respect to a transportation network company, as defined in RCW 49.46.300, only while the driver is engaged in passenger platform time and dispatch platform time.

Effective dates—2022 c 281 §§ 8-13, 17, and 28: See note following RCW 51.12.020.

Conflict with federal requirements—Severability—2008 c 102: See notes following RCW 51.08.070.

Effective date—Conflict with federal requirements—1991 c 246: See notes following RCW 51.08.195.