Current through Register Vol. XLI, No. 50, December 13, 2024
Section 83-1-7 - Definitions7.1. 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.