Twin-City herald. [volume] (Minneapolis, Minn.) 1927-1940, 1937-01-09


ployed by 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 well as each such contractor
or subcontractor is an employer by
reason of sectionS2 Cd or section
9 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 is
engaged in performing such employ
ment; except that each such con-
tractor or Subcontractor who is an
employer by reason of section (f)
or section 9 Co of this Act shall
alone be liable for the contributions
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 in
the employ of any such contractor
or subcontractor who is not an en-
ployer by reason of section 2 Cd or
section 9 Co of this Act, may re-
cover the same from such con:
tractor or slfbcontractor:; Each in
dividual employed to perform or to
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.
81 Employer" means: .
Cd. Any employing unit which
for some portion. Of day, but not
necessarily 7simultane ouSly, in each
Of 90 different weeks, whether or
not such weeks are or we're con-
secutive, within the year 1886 has
or had in employment eight or
more individuals Irrespective of
whether the same individuals are
or were employed in each such day.
and which has subsequent to jan
uary /, 1887, in its employ one or
more individuals performing Serv-
ices for it.
CD Any employing unit which
acquired the organization, trade, or
business or substantially all the as
sets thereof, of another which at
the time of such acquisition was an
employer subject to this Act;
CD Any employing unit which
acquired the organization, trade, or
business, or substantially all the
assets thereof, of another employ
ing unit, and which, if treated as a
single unit with such other employ
ing unit, would be an employer I'M
der paragraph Cd of this subsec-
ton; "s,h ,a-.'
(4 Amy 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 (by legally enforc-
ible means or otherWise), and which,
if treated as single unit with such
other employing unit, would be an
employer under paragraph Cd Of
this subsection;
(5) Any employing unit which,
having become an employer under
paragraph %, (2), 90, or a., has
not, under section 9, ceased to be
an employer subject to this Act; or
60 For the effective period of
it's election pursuant to section 9
Co any other employing unit which
has elected to become fully subject
to this Act.
(g) Employee means every in
dividual, whether male, female,
citizen, alien or minor, Who is per-
forming, or subsequent to January
first, 1886, has performed services
for an employer in an employment
subject to this Act.
(h) Cd Subject to the other
ONlOlOllo VI Olllo SuDDCSUloll,
ployment" means service, including
service in, interstate commerce, or
otherwise performed for wages or
under any contract of hire, written
or oral, express or implied, where the
relationship of master and servant
1eXiSts.
CD The term employment" shall
include an individuals entire serv-
lice, performed within or both with
lin and without this state if: ta)
the service is localized in this state;
or Cd the service is not localized
in any state but some of the service
is performed in this state and Cd
the base of operations, or, If there
is no base of operations, then the
place from which such service is
directed Or controlled, is in this
state; CD the base of operations OF
place from which such service is
directed or controlled is not in any
state in which some part of the
service is performed, but the indi-
viduaPs residence is in this state.
CD Service shall be deemed to be
localized within a state if (a) the
service is performed entirely within
such state; or CD the service is
performed both within and without
such state, but the service perform
ed without such state is incidental
to the individuals service within the
state, for example, is temporary OF
transitory in nature or consists OF
isolated transactions.
(4 Services performed by an in
dividual for wages shall be deemed
to- be employment" subject to this
act unless and until it is shown to
the satisfaction of the commission
that (a) such individual has been
and will continue to be free from
control or direction over the per-
Torrance of such services, both un-
der his contract of service and in