2024 Gig Economy Compendium – Mississippi

1. Does the state have a transportation network company (“TNC”) statute?  If so, what are the key components of the TNC statute?  If not, have courts determined whether gig workers are employees or independent contractors?

Section 77-8-1 of the Mississippi Code defines a TNC as “a corporation, partnership, sole proprietorship, or other entity that is licensed under this chapter and operating in Mississippi that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A [TNC] shall not be deemed to control, direct, or manage the personal vehicles or [TNC] drivers that connect its digital network, except where agreed to by written contract.”

2. What legal theories are available to impute liability to gig companies for personal injury?  What defenses are available to gig companies named as co-defendants in personal injury cases?  Have any courts found gig companies liable for distracting gig workers while driving?

In Mississippi, a plaintiff pursuing a claim directly against a gig company would do so under a theory of vicarious liability. The primary defense would be that the driver (or other responsible party) would be that the driver was an independent contractor. Section 77-8-21 of the Mississippi Code provides that a driver is an independent contractor and not an employee of a TNC if:

1. the TNC does not prescribe the specific hours the driver must be logged into the TNC’s digital platform,
2. the TNC imposes no restrictions on the driver’s ability to utilize digital platforms from other TNCs,
3. the TNC does not assign a driver a particular territory in which to operate,
4. the TNC does not restrict a driver from engaging in any other occupation or business, and
5. the TNC and driver agree in writing that the driver is an independent contractor.

There are no cases of which I am aware so far in Mississippi in which a gig company was held liable for distracting a gig worker while driving.

3.  What is the statutory authority for trade secret protection in your state? What are the elements of a trade secret claim, and are any unique? Are there any noteworthy trade secret cases involving the gig economy space?

Mississippi has adopted the Mississippi Uniform Trade Secrets Act (Miss. Code Ann.§72-26-1 et. seq). A party pursing a trade secrets claim under the MUTSA must demonstrate (1) a trade secret existed, (2) the trade secret was acquired through a breach of a confidential relationship or discovered by improper means, and (3) the use of the trade secret was without the plaintiff’s authorization.[i] There are no significant gig economy cases involving trade secrets in this jurisdiction.

4. What state data privacy laws potentially apply to gig companies?  What companies and what kinds of data are covered?

Section 75-24-29 of the Mississippi Code outlines the requirements for notice by businesses operating in Mississippi to individuals who are affected by security breaches. All businesses in Mississippi must provide notice of any breach of customers’ “personal information,” which includes the person’s first name or first initial and last name in combination with one or more of the following: (1) social security number, (2) driver’s license number, state ID card number or tribal identification card number, or (3) an account number or credit or debit card number in combination with any required security code, access code or password that would permit access to an individual’s financial account.

5. What is the status of arbitration with users of gig platforms and gig workers?  How do courts treat motions to compel arbitration?  Are there any noteworthy cases involving arbitration in the gig economy space?

Mississippi, generally speaking, favors arbitration agreements, and most Courts here will enforce them. There are no noteworthy arbitration cases in the gig economy space to date.

For more information please consult the ALFA International Labor & Employment Law Compendium.