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


tracts with or has under it any
contractor or subcontractor for any
employment which is part of it!
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
10 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 ar
employer by reason of section 2 e.
or section 9 Co 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 2 Cd OF
section 8 Co of this Act, may re-
cover the same from such con-
tractor or subcontractor. Each in.
dividual employed to perform or tt
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 o.
more individuals Irrespective o.
whether the same individuals are
or were employed in each such day
and which has subsequent to Jan.
uary /, 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;
90 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 6
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 mean!
or otherwise) directly or indireetl!
by the same interests, or which
owns or controls one or more othel
employing units (by legally enforc'
ible means or otherwiSe), and which
if treated as a single unit with such
other employing unit, would be al
employer under paragraph Cd o
this subsection;
CD Any employing unit which
having become an employer unde
paragraph %, CD, 90, or "a, ha
not, under section 9, ceased to b.
an employer subject to this Act; o.
co For the effective period O
it's 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 service
for an employer in an employment
subject to this Act.
Ch Cd Subject to the othe
provisions of this subsection, "em
lployment" means service, including
service in interstate commerce, o
otherwise performed for wages o
under any contract of hire, writtel
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: Ga
the service is localized in this state
or CD the service is not localize,
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 tn
place from which such service
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 ca tn
service is performed entirely within
such state; or Cd the service j
performed both within and withou
such state, but the service perform
ed without such state is incidenta
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 deeme'
to be employment" subject to thi
act unless and until it is shown t.
the satisfaction Of the commission
that (a) such individual has beef
and will continue to be free from
control or direction over the per