SB 365

Currently, if an individual is performing services for an employer other than a

governmental or nonprofit employer, except as the employer otherwise elects with

the approval of the Department of Workforce Development (DWD), and the

individual receives remuneration solely from commissions, overrides, bonuses, or

differentials directly related to sales or other output derived from in-person sales or

solicitation of orders from ultimate consumers primarily in the home, the services

performed by the individual are not covered under the unemployment insurance (UI)

law. An individual who performs such services is is not eligible to claim UI benefits

based on the performance of the services and a person who employs an individual to

perform such services is not subject to a state UI contribution requirement (a

requirement to pay taxes) based on the performance of the services.

This bill provides instead that if an individual is performing services for an

employer other than a governmental or nonprofit employer, except as the employer

otherwise elects with the approval of DWD, and the individual is engaged, in a home

or otherwise than in a permanent retail establishment, in selling or soliciting the sale

of consumer products for use, sale, or resale by the buyer and substantially all of the

remuneration for the services is directly related to the sales or other output rather

than to hours worked, then a claimant is not eligible to claim UI benefits based on

the performance of such services and a person who employs an individual to perform

such services is not subject to a UI contribution requirement based on the

performance of the services.