West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-7 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Contributions and wages shall be reported
						on a wages paid basis. Wages paid shall be deemed to consist of wages actually or
						constructively paid. Wages are constructively paid when they are credited to the
						account of or set apart for an employee so that they may be drawn upon by him at
						any time although not then actually reduced to possession, or whenever they are
						due an employee and are not actually paid because of employer's refusal or
						inability to pay.
7.2. "Week" for the
						purpose of benefit determination for total and partial unemployment shall be
						deemed to mean the calendar week, ending at midnight Saturday. An individual's
						week of total unemployment shall be deemed to commence only after such individual
						files a claim at a local unemployment claims office or officially designated
						itinerant point following his first day of unemployment. A claim filed at an
						officially designated itinerant point shall be effective the Sunday of the week
						in which the claimant was separated; provided, the separation occurred after the
						most recent date the itinerant point officially operated. Otherwise, a week for
						the purpose of benefit determinations shall be deemed to mean the first day of
						the calendar week in which the individual files a claim for benefits. An
						individual's week of partial unemployment shall be deemed to commence the first
						day of the calendar week for which the employer issues him a low earnings report;
						provided, that the claimant files his claim in accordance with Section sixteen of
						these Regulations. Succeeding weeks of total and partial unemployment shall be
						deemed to mean seven (7) day periods succeeding the first such calendar
						week.
7.3. For the purpose of
						application of section one-a, article six, chapter twenty-one-a, "Seasonal
						Employment," a working day in the base period of an individual shall be deemed to
						mean the customary or regularly scheduled number of hours of work which
						constituted a full working day at the operation of the employer by whom the
						individual was employed during such base period:
Provided, however,
That if the operations of the individual's employer were carried on in shifts
						during the base period of the individual, a day shall be deemed to mean the
						number of hours customarily worked in a shift. Fractional parts of days or shifts
						worked shall be taken into consideration in computing the total number of days or
						shifts worked as the case may be.
7.4. "Calendar Quarter" is a three (3) month
						period ending on March 31, June 30, September 30 or December 31.
7.5. Employment cannot be considered to be
						"contract labor" unless and until it is shown to the satisfaction of the
						Commissioner that the following conditions are met in their entirety by the
						employee:
(A) Such individual has been and will
						continue to be free from control or direction over the performance of such
						services; and
(B) All service is
						either outside the usual course of the business or such service is performed
						outside of all the places of business of the enterprise for which such service is
						performed; and
(C) Such individual is
						customarily engaged in an independently established trade, occupation, profession
						or business.