(a) In general.- Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:
(1) the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
(2) the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
(3) the work is:
(i) outside of the usual course of business of the person for whom the work is performed; or
(ii) performed outside of any place of business of the person for whom the work is performed.
(b) Regulations.- The Secretary shall adopt regulations to provide:
(1) general guidance about the application of subsection (a) of this section; and
(2) specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.
(a) In general.- Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:
(1) the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
(2) the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
(3) the work is:
(i) outside of the usual course of business of the person for whom the work is performed; or
(ii) performed outside of any place of business of the person for whom the work is performed.
(b) Regulations.- The Secretary shall adopt regulations to provide:
(1) general guidance about the application of subsection (a) of this section; and
(2) specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.
(a) In general.- Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:
(1) the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
(2) the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
(3) the work is:
(i) outside of the usual course of business of the person for whom the work is performed; or
(ii) performed outside of any place of business of the person for whom the work is performed.
(b) Regulations.- The Secretary shall adopt regulations to provide:
(1) general guidance about the application of subsection (a) of this section; and
(2) specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.
