Definition
Sec. 1. "Employment," subject to the other provisions of this
Section, means service, including service in interstate commerce
performed for remuneration or under any contract of hire, written or
oral, expressed or implied.
(a) Services performed by an individual for remuneration shall be
deemed to be employment subject to this article irrespective of
whether the common-law relationship of master and servant exists,
unless and until it is shown to the satisfaction of the board that (A)
such individual has been and will continue to be free from control
and direction in connection with the performance of such service,
both under his contract of service and in fact; (B) such service is
performed outside the usual course of the business for which the
service is performed; and (C) such individual is customarily engaged
in an independently established trade, occupation, profession, or
business of the same nature as that involved in the service performed;
or is a sales agent who receives remuneration solely upon a
commission basis and who is the master of his own time and effort.
(b) Such term shall include:
(1) Services performed for remuneration by an officer of a
corporation in his official corporate capacity.
(2) Services performed for remuneration for any employing unit
by an individual
(A) as an agent-driver or commission-driver engaged in
distributing products, including but not limited to, meat, vegetables,
fruit, bakery, beverages, or laundry or dry-cleaning services for his
principal:
(B) as a traveling or city salesman, other than as an agent-driver
or commission-driver, engaged upon a full-time basis in the
solicitation on behalf of, and the transmission to, his principal
(except for sideline sales activities on behalf of some other person)
of orders from wholesalers, retailers, contractors, or operators of
hotels, restaurants, or other similar establishments for merchandise
for resale or supplies for use in their business operations:
Provided, That for purposes of subparagraph (b)(2), the term
"employment" shall include services described in (A) and (B) only
if:
i. The contract of service contemplates that substantially all of the
services are to be performed personally by such individual;
ii. The individual does not have a substantial investment in
facilities used in connection with the performance of the services
(other than in facilities for transportation); and
iii. The services are not in the nature of a single transaction that
is not part of a continuing relationship with the person for whom the
services are performed.
(Formerly: Acts 1947, c.208, s.801; Acts 1971, P.L.355, SEC.13.)
Last modified: May 27, 2006