State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-29 > 28-29-7-1

SECTION 28-29-7.1

   § 28-29-7.1  Exemption from workers'compensation – Certain real estate persons. – A licensed real estate broker or real estate salesperson or a licensed orcertified real estate appraiser shall not be considered an employee under theprovisions of this chapter if substantially all of the remuneration for theservices performed by the broker, salesperson, or appraiser, whether paid incash or otherwise, is directly related to sales or other output rather than tothe number of hours worked, and the services are performed by the broker,salesperson, or appraiser pursuant to a written contract that contains thefollowing provisions:

   (1) The broker, salesperson, or appraiser, for purposes ofworkers' compensation, is engaged as an independent contractor associated withthe person for whom services are performed;

   (2) The broker or salesperson shall be paid a commissionbased on his or her gross sales, if any, without deduction for taxes, whichcommission shall be directly related to sales or other output;

   (3) The broker, salesperson, or appraiser shall not receiveany remuneration related to the number of hours worked, and shall not betreated as an employee with respect to the services for the purposes of thischapter;

   (4) The broker, salesperson, or appraiser shall be permittedto work any hours he or she chooses;

   (5) The broker, salesperson, or appraiser shall be permittedto work out of his or her own home or the office of the person for whomservices are performed;

   (6) The broker, salesperson, or appraiser shall be free toengage in outside employment;

   (7) The person for whom the services are performed mayprovide office facilities and supplies for the use of the broker, salesperson,or appraiser, but the broker, salesperson, or appraiser shall otherwise pay hisor her own expenses.

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-29 > 28-29-7-1

SECTION 28-29-7.1

   § 28-29-7.1  Exemption from workers'compensation – Certain real estate persons. – A licensed real estate broker or real estate salesperson or a licensed orcertified real estate appraiser shall not be considered an employee under theprovisions of this chapter if substantially all of the remuneration for theservices performed by the broker, salesperson, or appraiser, whether paid incash or otherwise, is directly related to sales or other output rather than tothe number of hours worked, and the services are performed by the broker,salesperson, or appraiser pursuant to a written contract that contains thefollowing provisions:

   (1) The broker, salesperson, or appraiser, for purposes ofworkers' compensation, is engaged as an independent contractor associated withthe person for whom services are performed;

   (2) The broker or salesperson shall be paid a commissionbased on his or her gross sales, if any, without deduction for taxes, whichcommission shall be directly related to sales or other output;

   (3) The broker, salesperson, or appraiser shall not receiveany remuneration related to the number of hours worked, and shall not betreated as an employee with respect to the services for the purposes of thischapter;

   (4) The broker, salesperson, or appraiser shall be permittedto work any hours he or she chooses;

   (5) The broker, salesperson, or appraiser shall be permittedto work out of his or her own home or the office of the person for whomservices are performed;

   (6) The broker, salesperson, or appraiser shall be free toengage in outside employment;

   (7) The person for whom the services are performed mayprovide office facilities and supplies for the use of the broker, salesperson,or appraiser, but the broker, salesperson, or appraiser shall otherwise pay hisor her own expenses.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-29 > 28-29-7-1

SECTION 28-29-7.1

   § 28-29-7.1  Exemption from workers'compensation – Certain real estate persons. – A licensed real estate broker or real estate salesperson or a licensed orcertified real estate appraiser shall not be considered an employee under theprovisions of this chapter if substantially all of the remuneration for theservices performed by the broker, salesperson, or appraiser, whether paid incash or otherwise, is directly related to sales or other output rather than tothe number of hours worked, and the services are performed by the broker,salesperson, or appraiser pursuant to a written contract that contains thefollowing provisions:

   (1) The broker, salesperson, or appraiser, for purposes ofworkers' compensation, is engaged as an independent contractor associated withthe person for whom services are performed;

   (2) The broker or salesperson shall be paid a commissionbased on his or her gross sales, if any, without deduction for taxes, whichcommission shall be directly related to sales or other output;

   (3) The broker, salesperson, or appraiser shall not receiveany remuneration related to the number of hours worked, and shall not betreated as an employee with respect to the services for the purposes of thischapter;

   (4) The broker, salesperson, or appraiser shall be permittedto work any hours he or she chooses;

   (5) The broker, salesperson, or appraiser shall be permittedto work out of his or her own home or the office of the person for whomservices are performed;

   (6) The broker, salesperson, or appraiser shall be free toengage in outside employment;

   (7) The person for whom the services are performed mayprovide office facilities and supplies for the use of the broker, salesperson,or appraiser, but the broker, salesperson, or appraiser shall otherwise pay hisor her own expenses.