“Employment”: Services performed by person selling or soliciting the sale of products in certain circumstances excluded.
1. “Employment” does not include services performed by a person who:
(a) Directly sells or solicits the sale of products, in person or by telephone:
(1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the Administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or
(2) To another person from his home or place other than a retail store;
(b) Receives compensation or remuneration based on his sales or the services he performs for customers rather than for the number of hours that he works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.
2. As used in this section, “product” means a tangible good or an intangible service, or both.
Last modified: February 25, 2006