§383-6  Master and servant relationship, not
required when.  Services performed by an individual for wages or under any
contract of hire shall be deemed to be employment subject to this chapter
irrespective of whether the common law relationship of master and servant
exists unless and until it is shown to the satisfaction of the department of
labor and industrial relations that:



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



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



(3)  The individual is customarily engaged in an
independently established trade, occupation, profession, or business of the
same 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 to
Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii’s
Unemployment Tax.  II HBJ No. 13, at pg. 35.



 



Case Notes



 



  "Control" test.  38 H. 16.



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



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