The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-01-07

State shall be deemed to be en-
ployed by a single employing unit
for all the purposes of this Act
Whenever any employing unit con-
tracts with or has under it any
contractor or subcontractor for any
employment which is part of its
usual trade, occupation, profession
or business, unless the employing
unit as we'll as each such contractor
or subcontractor is an employer BY
reason of section Cd or section
Co of this Act, the employing
unit shall for all the purposes of this
Act be deemed to employ each in
dividual in the employ of each such
contractor or Subcontractor for each
day during which such individual i;
engaged in performing such employ
ment; except that each such con.
tractor or subcontractor who is ar
employer by reason of section 2 (fl
or section 9 (c) of this Act shall
alone be liable for the contribution:
measured by wages payable to in.
dividuals in his employ, and except
that any employing unit who shall
become liable for and pay contribu-
tons with respect to individuals ir
the employ Of. any such contractor
or subcontractor who is not an en-
ployer by reason of section Cd OF
section 9 Co of this Act, may re-
cover the same from such con-
tractor or subcontractor. Each in
dividual employed to perform or tc
assist in performing the work of any
agent or employee of an employing
unit shall be deemed to be employed
by such employing unit for all the
purposes of this Act, whether such
individual was hired or paid directly
by such employing unit or by such
agent or employee, provided the
employing unit had actual or con-
structive knowledge of such work.
Cd Employer" means:
Cd Any employing unit which
for some portion of a day, but not
necessarily simultaneously, in each
of 20 different weeks, whether OF
not such weeks are or were con-
secutive, within the year 1886 ha;
or had in employment eight OF
more individuals Irrespective Of
whether the same individuals are
or were employed in each such day
and which has subsequent to JAN
uary l, 1887, in its employ one OF
more individuals performing serv-
ices for it.
CD Any employing unit which
acquired the organization, trade, OF
business or substantially all the as
sets thereof, of another which al
the time of such acquisition was ar
employer subject to this Act;
CD Any employing unit which
acquired the organization, trade, OF
business, or substantially all the
assets thereof, of another employ
ing unit, and which, if treated as q
single unit with such other employ
ing unit, would be an employer un-
der paragraph Cd of this subsec-
ton;
(4) Any employing unit which to-
gether with one or more other en-
ploying units, is owned or con-
trolled (by legally enforcible means
or otherwise) directly or indirectly
by the same interests, or which
owns or controls one or more Other
employing units Ly legally enforc-
IDLE means or otherwise), ana which
if treated as single unit with such
other employing unit, would be ar
employer under paragraph Cd o.
this subsection;
90 Any employing unit which
having become an employer under
paragraph %, ca, 90, or "a, ha!
not, under section 9, ceased to bt
an employer subject to this Act; o.
Co For the effective period o.
its election pursuant to section
Co. any other employing unit which
has elected to become fully subjec
to this Act.
(g) Employee" means every in
dividual, whether male, female
citizen, alien or minor, who is per
forming, or subsequent to Januar,
first, 1886, has performed services
for an employer in an employment
subject to this Act.
(h) Cd Subject to the othe,
provisions of this subsection, "em
Iployment" means service, including
service in interstate commerce, o
otherwise performed for wages o.
under any contract of hire, writer
or oral, express or implied, where tn,
relationship of master and servan
exists.
CD The term employment" shall
include an individuals entire serv
ice, performed within or both with
in and without this state if: Ca
the service is localized in this state
or (b) the service is not localized
in any state but some of the servic
is performed in this state and Il
the base of operations, or, if ther,
is no base of operations, then thu
place from which such service i
directed or controlled, is in thi
state; CD the base of operations O.
place from which such service j
directed or controlled is not in an.
state in which some part of tn,
service is performed, but the indi
viduals residence is in this state.
Cd Service shall be deemed to b.
localized within a state if (a) tn,
service is performed entirely within
such state; or (b) the service i
performed both within and withou
such state, but the service perform
ed without such state is incidental
to the individuals service within tn,
state, for example, is temporary o.
transitory in nature or consists o
isolated transactions.
"a Services performed by an in
dividual for wages shall be deemed
to be employment" subject to thi
act unless and until it is shown tt
the satisfaction of the commission
that (a) such individual has beer
and will continue to be free from
control or direction over the per
Torrance of such services, both I'M
der his contract of service and il
fact; and (b) such service is eithel
outside the usual course of the bust
ness for which such service is per
formed, or that such service is per
formed outside of all the places o
business of the enterprise for which
such service is performed; and &c,
such individual is customarily en-
gagged in an Independently estab
lliShed trade OccIpation nrofeSsior