§ 28-42-8 - Exemptions from "employment".
SECTION 28-42-8
§ 28-42-8 Exemptions from "employment".– "Employment" does not include:
(1) Domestic service in a private home performed for a personwho did not pay cash remuneration of one thousand dollars ($1,000) or more inany calendar quarter after December 31, 1977, in the current calendar year orthe preceding calendar year to individuals employed in that domestic service ina private home;
(2) Service performed by an individual in the employ of hisor her son, daughter, or spouse, and service performed by a child under the ageof eighteen (18) in the employ of his or her father or mother;
(3) Service performed in the employ of any other state or anyof its political subdivisions, the United States government, an instrumentalityof any other state or states or their political subdivisions, or of aninstrumentality of the United States, except that if the Congress of the UnitedStates permits states to require any instrumentalities of the United States tomake payments into an unemployment fund under a state unemployment compensationact, then, to the extent permitted by Congress, and from and after the date asof which permission becomes effective, all of the provisions of chapters 42– 44 of this title shall be applicable to those instrumentalities and toservices performed for those instrumentalities, in the same manner, to the sameextent, and on the same terms as to all other employers, employing units,individuals, and services. If this state is not certified by the Secretary ofLabor under 26 U.S.C. § 3304 for any year, then the payments required ofthose instrumentalities with respect to that year shall be deemed to have beenerroneously collected within the meaning of § 28-43-12 and shall berefunded by the director from the fund in accordance with § 28-43-12;
(4) Service performed:
(i) In the employ of:
(A) A church or convention or association of churches, or
(B) An organization which is operated primarily for religiouspurposes and which is operated, supervised, controlled, or principallysupported by a church or convention or association of churches;
(ii) By a duly ordained, commissioned, or licensed ministerof a church in the exercise of his or her ministry or by a member of areligious order in the exercise of duties required by that order;
(iii) In a facility conducted for the purpose of carrying outa program of rehabilitation for individuals whose earning capacity is impairedby age, physical or mental deficiency, or injury or providing remunerative workfor individuals who, because of their impaired physical or mental capacity,cannot be readily absorbed in the competitive labor market, by an individualreceiving that rehabilitation or remunerative work;
(iv) As part of an unemployment work relief or work trainingprogram assisted or financed in whole or in part by any federal agency or anagency of a state or one of its political subdivisions, by an individualreceiving that work relief or work training;
(v) In the employ of a hospital by a patient of the hospital;or
(vi) By an inmate of a custodial or penal institution;
(5) Service with respect to which unemployment compensationis payable under an unemployment compensation system established by an act ofCongress. The director is authorized and directed to enter into agreements withthe proper agencies under that act of Congress, which agreements shall becomeeffective ten (10) days after their publication as in the manner provided in§ 28-42-34 to provide reciprocal treatment to individuals who have, afteracquiring potential rights to benefits under chapters 42 – 44 of thistitle acquired rights to unemployment compensation under that act of Congress,or who have, after acquiring potential rights to unemployment compensationunder that act of Congress, acquired rights to benefits under those chapters;
(6) Service covered by an election duly approved by theagency charged with the administration of any other state or federal employmentsecurity law in accordance with an arrangement pursuant to § 28-42-58during the effective period of that election, except as provided in §28-42-3(15)(i);
(7) Services performed by an individual in any calendarquarter on or after January 1, 1972 in the employ of any organization exemptfrom income tax under 26 U.S.C. § 501(a)(other than services performed foran organization defined in § 28-42-3(24) or for any organization describedin 26 U.S.C. § 401(a) or under 26 U.S.C. § 521) if the remunerationfor that service is less than fifty dollars ($50.00);
(8) Service which is occasional, incidental, and occursirregularly, and is not in the course of the employing unit's trade orbusiness. Service for a corporation shall not be excluded;
(9) Service as a golf caddy, except as to service performedsolely for a club with respect to which the club alone bears the expense. Agolf caddy, except as in this specifically provided subdivision, shall not beconstrued to be an "employee" as defined in § 28-42-3(14);
(10) Notwithstanding any provisions of titles 5 and 27,service performed by an individual as a real estate salesperson if all theservice performed by that individual is performed for remuneration solely byway of commission;
(11) Notwithstanding any provisions of titles 5 and 27,service performed by an individual as an insurance broker, agent, or subagentif all the service performed by that individual is performed for remunerationsolely by way of commission. This exemption shall not apply to serviceperformed as industrial and debit insurance agents;
(12) Service performed by an individual who is enrolled at anonprofit or public educational institution which normally maintains a regularfaculty and curriculum and normally has a regular organized body of students inattendance at the place where its educational activities are carried on, as astudent in a full-time program, taken for credit at that institution whichcombine academic instruction with work experience, if that service is anintegral part of that program, and that institution has so certified to theemployer, except that this subdivision shall not apply to service performed ina program established for or on behalf of an employer or group of employers;
(13) Service performed by an individual on a boat engaged incatching fish or other forms of aquatic animal life under an arrangement withthe owner or operator of that boat pursuant to which:
(i) That individual does not receive any cash remunerationother than a share of the boat's catch of fish or other forms of aquatic animallife or a share of the proceeds from the sale of that catch; and
(ii) The operating crew of that boat is normally made up offewer than ten (10) individuals; and
(14) Services performed by a member of an Americorp program.