§ 28-42-11 - Employees of agents and contractors of employing units.
SECTION 28-42-11
§ 28-42-11 Employees of agents andcontractors of employing units. – (a) Whenever any employing unit contracts with or has under it any contractoror subcontractor for any work which is part of its usual trade, occupation,profession, or business, unless the employing unit, as well as each contractoror subcontractor, is an employer by reason of § 28-42-3(15), the employingunit shall for all the purposes of chapters 42 – 44 of this title bedeemed to employ each individual in the employ of each contractor orsubcontractor for each day during which that individual is engaged inperforming that work; except that each contractor who is an employer by reasonof § 28-42-3(15) shall alone be liable for contributions measured by wagespaid to individuals in his or her employ, and except that any employing unitwho becomes liable for and pays contributions with respect to individuals inthe employ of any contractor or subcontractor who is not an employer by reasonof § 28-42-3(15), may recover the contributions from that contractor orsubcontractor.
(b) Each individual employed to perform or to assist inperforming the work of any agent or employee of an employing unit shall bedeemed to be employed by that employing unit for all the purposes of chapters42 – 44 of this title, whether that individual was hired or paid directlyby that employing unit or by that agent or employee, provided the employingunit had actual or constructive knowledge of the work.