“Employment”: Services as agent-driver, commission-driver or solicitor of orders included; exceptions.
1. “Employment” means any service performed:
(a) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverage (other than milk) 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.
2. For purposes of this section, the term “employment” includes services described in subsection 1 performed after December 31, 1971, only if:
(a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;
(b) 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
(c) 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.
Last modified: February 25, 2006