§383-6  Master and servant relationship, notrequired when.  Services performed by an individual for wages or under anycontract of hire shall be deemed to be employment subject to this chapterirrespective of whether the common law relationship of master and servantexists unless and until it is shown to the satisfaction of the department oflabor and industrial relations that:

(1)  The individual has been and will continue to befree from control or direction over the performance of such service, both underthe individual's contract of hire and in fact; and

(2)  The service is either outside the usual course ofthe business for which the service is performed or that the service isperformed outside of all the places of business of the enterprise for which theservice is performed; and

(3)  The individual is customarily engaged in anindependently established trade, occupation, profession, or business of thesame nature as that involved in the contract of service. [L 1939, c 219,§2(k)(5); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4207; RL 1955, §93-6;am L Sp 1959 2d, c 1, §27; HRS §383-6; gen ch 1985]

 

Law Journals and Reviews

 

  Relief for Manufacturers and Wholesalers:  A Proposal toExclude Commissions Paid to Part-Time Sales Representatives from Hawaii’sUnemployment Tax.  II HBJ No. 13, at pg. 35.

 

Case Notes

 

  "Control" test.  38 H. 16.

  Coverage, generally.  41 H. 508.  Coverage may be broaderthan federal law. Id.

  "Control" test; salespersons representing homeremodelling company were "employees" under control and supervision ofcompany.  2 H. App. 421, 633 P.2d 564.