§393-5  Excluded services. "Employment" as defined in section 393-3 does not include:

(1)  Service performed by an individual in the employof an employer who, by the laws of the United States, is responsible for careand cost in connection with such service;

(2)  Service performed by an individual in the employof the individual's spouse, son, or daughter, and service performed by anindividual under the age of twenty-one in the employ of the individual's fatheror mother;

(3)  Service performed in the employ of a voluntaryemployee's beneficiary association providing for the payment of life, sick,accident, or other benefits to the members of the association or theirdependents or their designated beneficiaries, if:

(A)  Admission to membership in the associationis limited to individuals who are officers or employees of the United States government; and

(B)  No part of the net earnings of theassociation inures (other than through such payments) to the benefits of anyprivate shareholder or individual;

(4)  Service performed by an individual for anemployer as an insurance agent or as an insurance solicitor if all serviceperformed by the individual for the employer is performed for remuneration byway of commission;

(5)  Service performed by an individual for anemployer as a real estate salesperson or as a real estate broker if all serviceperformed by the individual for the employer is performed for remuneration byway of commission;

(6)  Service performed by an individual who, pursuantto the Federal Economic Opportunity Act of 1964, is not subject to theprovisions of law relating to federal employment, including unemploymentcompensation; and

(7)  Domestic in‑home and community-basedservices for persons with developmental disabilities and mental retardationunder the medicaid home and community-based services program pursuant to Title42 Code of Federal Regulations Sections 440.180 and 441.300, and Title 42 Codeof Federal Regulations, Part 434, Subpart A, as amended, and identified aschore, personal assistance and habilitation, residential habilitation,supported employment, respite, and skilled nursing services, as the terms aredefined and amended from time to time by the department of human services, performedby an individual whose services are contracted by a recipient of social servicepayments and who voluntarily agrees in writing to be an independent contractorof the recipient of social service payments. [L 1974, c 210, pt of §1; am L1978, c 110, §6; gen ch 1985; am L 1987, c 339, §4; am L 1989, c 217, §2; gench 1993; am L 2007, c 259, §9]