The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-07-20
West Virginia
(Continued From PoGe Caei

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amount of wages payable by an en-
ployer (regardless Of the time Of pay
ment) for employment during one
year.
average annual payroll means the
average of the annual payrolls of an
employer for the last three or five
preceding years, whichever is the
higher.
"Base period" means the twelve con-
secutive month period ending on the
December thirty-frst next preceding
an individuals benefit year.
Benefit year" with respect to any
individual, means the twelve-month
period beginning with April first and
ending with March thirty-first which
includes the period for which claim
for benefit is made by such individual.
Benefits" means the money payable
to an individual with respect to his
unemployment.
Board" means Board of Review.
calendar quarter" means the
period of three consecutive calendar
months ending on March thirty-one,
June thirty, September thirty, or De-
cember thirty-one, excluding, however,
any calendar quarter or portion there
of which occurs prior to January one,
one thousand nine hundred thirty
seven, or the equivalent thereof as the
director may by regulation prescribe.
Director" means the Unemployment
Compensation Director.
"Employing unit" means an individ-
ual, or type of organization, including
any partnership, association, trust,
estate, joint stock company, insurance
company, corporation domestic or
foreign), or the deceivership, trustee
in bankruptcy, trustee or successor
thereof, or the legal representative of
a deceased person which has on Janu-
ary one, one thousand nine hundred
thirty-five, or subsequent thereto, had
, in it's employ one orsmore individuals
performing service within this state
employer" means an employing
unit which for some portion of day
not necessarily simultaneously, in each
of twenty different weeks, which
weeks need not be consecutive within
either the current year or the pre-
ceding year, has had in employment
: eight or more individuals Irrespective
of whether the same individuals were
or were not employed on each of such
days..
Employment" subject to the other
provisions of this subsection, means:
CD Service, including service in in
terstate commerce., performed fol
: wages or under any contract of hire
written or oral, express or implied.
: (2) The term employment" shal
include an individuals entire service
: performed within or both within anC
without this state if: (a) 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 G) the base of op.
erations, or, if there is no base of op.
such service is directed or controlled
is in this state; or (i) the base of op-
erations or place from which such ser
vice is directed or controlled is not
in any state in which some part OF
the service is performed but the in
dividual's residence is in this state.
(3) Service not covered under para
graph (2) of this subsection and per
formed entirely without this state
with respect to no part of which con
tributions are required and paid under
an unemployment compensation law
of any other state or of the federal
government, shall be deemed to be en-
ployment subject to this act if the in
dividual performing such services is
a resident of this state and the di-
rector approves the election Of the en-
ploying unit for whom such services
are performed that the entire service
of such individual shall be deemed tc
be employment subject to this act.
(4) Service shall be deemed to be
localized within a state if: (a) The
service is performed entirely within
= such state; or (b) the service is per-
formed both within and without such
state, but the service performed with
out such state is incidental to the in
dividual's service within the state
For example, is temporary or transi-
tory in nature or consists of isolated
transactions.
(5) Services performed by an in
dividual for wages shall be deemed tc
be employment subject to this act un-
less and until it is shown to the salts.
faction of the director that: (a) Such
individual has been and will continue
to be free from control or direction
over the performance of such services
both under his contract of service anC
in fact; and (b) such service is either
outside the usual course of the busi-
ness for which such service is perform.
ed or that such service is performed
outside of all the places of business
of the enterprise for which such ser.
vice is performed; and (c) such in.
] dividual is customarfly engaged in ar