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The time period “contract of service”, as used in this paragraph, means an association, formal or informal, beneath which the actual providers are carried out. An agent-driver or fee-driver isn’t inside this occupational group. City or touring salesmen who sell to retailers or to the others specified, function off the premises of their principals, and are generally compensated on a fee basis, are within this occupational group. Such salesmen are typically not managed as to the details of their services or the means by which they cover their territories, but in the strange case they’re expected to name on regular prospects with a fair degree of regularity. For provisions relating to the willpower of wages in the case of a house employee to whom this subdivision is relevant, see § 31.3121-1.
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The designations are addressed to the actual companies without regard to any technical or colloquial labels which may be attached to such companies. Thus, a dedication whether or not services fall within one of the designated occupational teams relies upon upon the details of the actual situation. Section 3121 accommodates three separate and independent exams for figuring out who’re employees. Paragraphs , , and of this part relate to the respective exams. Paragraph pertains to the check for figuring out whether an officer of a company is an worker of the company. Paragraph relates to the check for determining whether or not a person is an employee beneath the standard widespread … Read More