State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-02 > 34a-2-104

34A-2-104. "Employee," "worker," and "operative" defined -- Specificcircumstances -- Exemptions.
(1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee,""worker," and "operative" mean:
(a) (i) an elective or appointive officer and any other person:
(A) in the service of:
(I) the state;
(II) a county, city, or town within the state; or
(III) a school district within the state;
(B) serving the state, or any county, city, town, or school district under:
(I) an election;
(II) appointment; or
(III) any contract of hire, express or implied, written or oral; and
(ii) including:
(A) an officer or employee of the state institutions of learning; and
(B) a member of the National Guard while on state active duty; and
(b) a person in the service of any employer, as defined in Section 34A-2-103, whoemploys one or more workers or operatives regularly in the same business, or in or about thesame establishment:
(i) under any contract of hire:
(A) express or implied; and
(B) oral or written;
(ii) including aliens and minors, whether legally or illegally working for hire; and
(iii) not including any person whose employment:
(A) is casual; and
(B) not in the usual course of the trade, business, or occupation of the employee'semployer.
(2) (a) Unless a lessee provides coverage as an employer under this chapter and Chapter3, any lessee in mines or of mining property and each employee and sublessee of the lessee shallbe:
(i) covered for compensation by the lessor under this chapter and Chapter 3;
(ii) subject to this chapter and Chapter 3; and
(iii) entitled to the benefits of this chapter and Chapter 3, to the same extent as if thelessee, employee, or sublessee were employees of the lessor drawing the wages paid employeesfor substantially similar work.
(b) The lessor may deduct from the proceeds of ores mined by the lessees an amountequal to the insurance premium for that type of work.
(3) (a) A partnership or sole proprietorship may elect to include any partner of thepartnership or owner of the sole proprietorship as an employee of the partnership or soleproprietorship under this chapter and Chapter 3.
(b) If a partnership or sole proprietorship makes an election under Subsection (3)(a), thepartnership or sole proprietorship shall serve written notice upon its insurance carrier naming thepersons to be covered.
(c) A partner of a partnership or owner of a sole proprietorship may not be considered anemployee of the partner's partnership or the owner's sole proprietorship under this chapter or

Chapter 3 until the notice described in Subsection (3)(b) is given.
(d) For premium rate making, the insurance carrier shall assume the salary or wage of thepartner or sole proprietor electing coverage under Subsection (3)(a) to be 100% of the state'saverage weekly wage.
(4) (a) A corporation may elect not to include any director or officer of the corporation asan employee under this chapter and Chapter 3.
(b) If a corporation makes an election under Subsection (4)(a), the corporation shall servewritten notice upon its insurance carrier naming the persons to be excluded from coverage.
(c) A director or officer of a corporation is considered an employee under this chapterand Chapter 3 until the notice described in Subsection (4)(b) is given.
(5) As used in this chapter and Chapter 3, "employee," "worker," and "operative" do notinclude:
(a) a sales agent or associate broker, as defined in Section 61-2f-102, who performsservices in that capacity for a principal broker if:
(i) substantially all of the sales agent's or associate broker's income for services is fromreal estate commissions; and
(ii) the sales agent's or associate broker's services are performed under a written contractthat provides that:
(A) the real estate agent is an independent contractor; and
(B) the sales agent or associate broker is not to be treated as an employee for federalincome tax purposes;
(b) an offender performing labor under Section 64-13-16 or 64-13-19, except as requiredby federal statute or regulation;
(c) an individual who for an insurance producer, as defined in Section 31A-1-301,solicits, negotiates, places or procures insurance if:
(i) substantially all of the individual's income from those services is from insurancecommissions; and
(ii) the services of the individual are performed under a written contract that states thatthe individual:
(A) is an independent contractor;
(B) is not to be treated as an employee for federal income tax purposes; and
(C) can derive income from more than one insurance company;
(d) notwithstanding Subsection 34A-2-103(4), an individual who provides domesticwork for a person if:
(i) the person for whom the domestic work is being provided receives or is eligible toreceive the domestic work under a state or federal program designed to pay the costs of domesticwork to prevent the person from being placed in:
(A) an institution; or
(B) a more restrictive placement than where that person resides at the time the personreceives the domestic work;
(ii) the individual is paid by a person designated by the Secretary of the Treasury inaccordance with Section 3504, Internal Revenue Code, as a fiduciary, agent, or other person thathas the control, receipt, custody, or disposal of, or pays the wages of the individual; and
(iii) the domestic work is performed under a written contract that notifies the individualthat the individual is not an employee under this chapter or Chapter 3; or

(e) subject to Subsections (6) and (7), an individual who:
(i) (A) owns a motor vehicle; or
(B) leases a motor vehicle to a motor carrier;
(ii) personally operates the motor vehicle described in Subsection (5)(e)(i);
(iii) operates the motor vehicle described in Subsection (5)(e)(i) under a writtenagreement with the motor carrier that states that the individual operates the motor vehicle as anindependent contractor; and
(iv) provides to the motor carrier at the time the written agreement described inSubsection (5)(e)(iii) is executed or as soon after the execution as provided by an insurer:
(A) a copy of a workers' compensation coverage waiver issued pursuant to Section31A-22-1011 by an insurer to the individual; and
(B) proof that the individual is covered by occupational accident related insurance.
(6) An individual described in Subsection (5)(d) or (e) may become an employee underthis chapter and Chapter 3 if the employer of the individual complies with:
(a) this chapter and Chapter 3; and
(b) commission rules.
(7) For purposes of Subsection (5)(e):
(a) "Motor carrier" means a person engaged in the business of transporting freight,merchandise, or other property by a commercial vehicle on a highway within this state.
(b) "Motor vehicle" means a self-propelled vehicle intended primarily for use andoperation on the highways, including a trailer or semitrailer designed for use with anothermotorized vehicle.
(c) "Occupational accident related insurance" means insurance that provides thefollowing coverage for an injury sustained in the course of working under a written agreementdescribed in Subsection (5)(e)(iii):
(i) disability benefits;
(ii) death benefits;
(iii) medical expense benefits, which include:
(A) hospital coverage;
(B) surgical coverage;
(C) prescription drug coverage; and
(D) dental coverage.

Amended by Chapter 379, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-02 > 34a-2-104

34A-2-104. "Employee," "worker," and "operative" defined -- Specificcircumstances -- Exemptions.
(1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee,""worker," and "operative" mean:
(a) (i) an elective or appointive officer and any other person:
(A) in the service of:
(I) the state;
(II) a county, city, or town within the state; or
(III) a school district within the state;
(B) serving the state, or any county, city, town, or school district under:
(I) an election;
(II) appointment; or
(III) any contract of hire, express or implied, written or oral; and
(ii) including:
(A) an officer or employee of the state institutions of learning; and
(B) a member of the National Guard while on state active duty; and
(b) a person in the service of any employer, as defined in Section 34A-2-103, whoemploys one or more workers or operatives regularly in the same business, or in or about thesame establishment:
(i) under any contract of hire:
(A) express or implied; and
(B) oral or written;
(ii) including aliens and minors, whether legally or illegally working for hire; and
(iii) not including any person whose employment:
(A) is casual; and
(B) not in the usual course of the trade, business, or occupation of the employee'semployer.
(2) (a) Unless a lessee provides coverage as an employer under this chapter and Chapter3, any lessee in mines or of mining property and each employee and sublessee of the lessee shallbe:
(i) covered for compensation by the lessor under this chapter and Chapter 3;
(ii) subject to this chapter and Chapter 3; and
(iii) entitled to the benefits of this chapter and Chapter 3, to the same extent as if thelessee, employee, or sublessee were employees of the lessor drawing the wages paid employeesfor substantially similar work.
(b) The lessor may deduct from the proceeds of ores mined by the lessees an amountequal to the insurance premium for that type of work.
(3) (a) A partnership or sole proprietorship may elect to include any partner of thepartnership or owner of the sole proprietorship as an employee of the partnership or soleproprietorship under this chapter and Chapter 3.
(b) If a partnership or sole proprietorship makes an election under Subsection (3)(a), thepartnership or sole proprietorship shall serve written notice upon its insurance carrier naming thepersons to be covered.
(c) A partner of a partnership or owner of a sole proprietorship may not be considered anemployee of the partner's partnership or the owner's sole proprietorship under this chapter or

Chapter 3 until the notice described in Subsection (3)(b) is given.
(d) For premium rate making, the insurance carrier shall assume the salary or wage of thepartner or sole proprietor electing coverage under Subsection (3)(a) to be 100% of the state'saverage weekly wage.
(4) (a) A corporation may elect not to include any director or officer of the corporation asan employee under this chapter and Chapter 3.
(b) If a corporation makes an election under Subsection (4)(a), the corporation shall servewritten notice upon its insurance carrier naming the persons to be excluded from coverage.
(c) A director or officer of a corporation is considered an employee under this chapterand Chapter 3 until the notice described in Subsection (4)(b) is given.
(5) As used in this chapter and Chapter 3, "employee," "worker," and "operative" do notinclude:
(a) a sales agent or associate broker, as defined in Section 61-2f-102, who performsservices in that capacity for a principal broker if:
(i) substantially all of the sales agent's or associate broker's income for services is fromreal estate commissions; and
(ii) the sales agent's or associate broker's services are performed under a written contractthat provides that:
(A) the real estate agent is an independent contractor; and
(B) the sales agent or associate broker is not to be treated as an employee for federalincome tax purposes;
(b) an offender performing labor under Section 64-13-16 or 64-13-19, except as requiredby federal statute or regulation;
(c) an individual who for an insurance producer, as defined in Section 31A-1-301,solicits, negotiates, places or procures insurance if:
(i) substantially all of the individual's income from those services is from insurancecommissions; and
(ii) the services of the individual are performed under a written contract that states thatthe individual:
(A) is an independent contractor;
(B) is not to be treated as an employee for federal income tax purposes; and
(C) can derive income from more than one insurance company;
(d) notwithstanding Subsection 34A-2-103(4), an individual who provides domesticwork for a person if:
(i) the person for whom the domestic work is being provided receives or is eligible toreceive the domestic work under a state or federal program designed to pay the costs of domesticwork to prevent the person from being placed in:
(A) an institution; or
(B) a more restrictive placement than where that person resides at the time the personreceives the domestic work;
(ii) the individual is paid by a person designated by the Secretary of the Treasury inaccordance with Section 3504, Internal Revenue Code, as a fiduciary, agent, or other person thathas the control, receipt, custody, or disposal of, or pays the wages of the individual; and
(iii) the domestic work is performed under a written contract that notifies the individualthat the individual is not an employee under this chapter or Chapter 3; or

(e) subject to Subsections (6) and (7), an individual who:
(i) (A) owns a motor vehicle; or
(B) leases a motor vehicle to a motor carrier;
(ii) personally operates the motor vehicle described in Subsection (5)(e)(i);
(iii) operates the motor vehicle described in Subsection (5)(e)(i) under a writtenagreement with the motor carrier that states that the individual operates the motor vehicle as anindependent contractor; and
(iv) provides to the motor carrier at the time the written agreement described inSubsection (5)(e)(iii) is executed or as soon after the execution as provided by an insurer:
(A) a copy of a workers' compensation coverage waiver issued pursuant to Section31A-22-1011 by an insurer to the individual; and
(B) proof that the individual is covered by occupational accident related insurance.
(6) An individual described in Subsection (5)(d) or (e) may become an employee underthis chapter and Chapter 3 if the employer of the individual complies with:
(a) this chapter and Chapter 3; and
(b) commission rules.
(7) For purposes of Subsection (5)(e):
(a) "Motor carrier" means a person engaged in the business of transporting freight,merchandise, or other property by a commercial vehicle on a highway within this state.
(b) "Motor vehicle" means a self-propelled vehicle intended primarily for use andoperation on the highways, including a trailer or semitrailer designed for use with anothermotorized vehicle.
(c) "Occupational accident related insurance" means insurance that provides thefollowing coverage for an injury sustained in the course of working under a written agreementdescribed in Subsection (5)(e)(iii):
(i) disability benefits;
(ii) death benefits;
(iii) medical expense benefits, which include:
(A) hospital coverage;
(B) surgical coverage;
(C) prescription drug coverage; and
(D) dental coverage.

Amended by Chapter 379, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-02 > 34a-2-104

34A-2-104. "Employee," "worker," and "operative" defined -- Specificcircumstances -- Exemptions.
(1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee,""worker," and "operative" mean:
(a) (i) an elective or appointive officer and any other person:
(A) in the service of:
(I) the state;
(II) a county, city, or town within the state; or
(III) a school district within the state;
(B) serving the state, or any county, city, town, or school district under:
(I) an election;
(II) appointment; or
(III) any contract of hire, express or implied, written or oral; and
(ii) including:
(A) an officer or employee of the state institutions of learning; and
(B) a member of the National Guard while on state active duty; and
(b) a person in the service of any employer, as defined in Section 34A-2-103, whoemploys one or more workers or operatives regularly in the same business, or in or about thesame establishment:
(i) under any contract of hire:
(A) express or implied; and
(B) oral or written;
(ii) including aliens and minors, whether legally or illegally working for hire; and
(iii) not including any person whose employment:
(A) is casual; and
(B) not in the usual course of the trade, business, or occupation of the employee'semployer.
(2) (a) Unless a lessee provides coverage as an employer under this chapter and Chapter3, any lessee in mines or of mining property and each employee and sublessee of the lessee shallbe:
(i) covered for compensation by the lessor under this chapter and Chapter 3;
(ii) subject to this chapter and Chapter 3; and
(iii) entitled to the benefits of this chapter and Chapter 3, to the same extent as if thelessee, employee, or sublessee were employees of the lessor drawing the wages paid employeesfor substantially similar work.
(b) The lessor may deduct from the proceeds of ores mined by the lessees an amountequal to the insurance premium for that type of work.
(3) (a) A partnership or sole proprietorship may elect to include any partner of thepartnership or owner of the sole proprietorship as an employee of the partnership or soleproprietorship under this chapter and Chapter 3.
(b) If a partnership or sole proprietorship makes an election under Subsection (3)(a), thepartnership or sole proprietorship shall serve written notice upon its insurance carrier naming thepersons to be covered.
(c) A partner of a partnership or owner of a sole proprietorship may not be considered anemployee of the partner's partnership or the owner's sole proprietorship under this chapter or

Chapter 3 until the notice described in Subsection (3)(b) is given.
(d) For premium rate making, the insurance carrier shall assume the salary or wage of thepartner or sole proprietor electing coverage under Subsection (3)(a) to be 100% of the state'saverage weekly wage.
(4) (a) A corporation may elect not to include any director or officer of the corporation asan employee under this chapter and Chapter 3.
(b) If a corporation makes an election under Subsection (4)(a), the corporation shall servewritten notice upon its insurance carrier naming the persons to be excluded from coverage.
(c) A director or officer of a corporation is considered an employee under this chapterand Chapter 3 until the notice described in Subsection (4)(b) is given.
(5) As used in this chapter and Chapter 3, "employee," "worker," and "operative" do notinclude:
(a) a sales agent or associate broker, as defined in Section 61-2f-102, who performsservices in that capacity for a principal broker if:
(i) substantially all of the sales agent's or associate broker's income for services is fromreal estate commissions; and
(ii) the sales agent's or associate broker's services are performed under a written contractthat provides that:
(A) the real estate agent is an independent contractor; and
(B) the sales agent or associate broker is not to be treated as an employee for federalincome tax purposes;
(b) an offender performing labor under Section 64-13-16 or 64-13-19, except as requiredby federal statute or regulation;
(c) an individual who for an insurance producer, as defined in Section 31A-1-301,solicits, negotiates, places or procures insurance if:
(i) substantially all of the individual's income from those services is from insurancecommissions; and
(ii) the services of the individual are performed under a written contract that states thatthe individual:
(A) is an independent contractor;
(B) is not to be treated as an employee for federal income tax purposes; and
(C) can derive income from more than one insurance company;
(d) notwithstanding Subsection 34A-2-103(4), an individual who provides domesticwork for a person if:
(i) the person for whom the domestic work is being provided receives or is eligible toreceive the domestic work under a state or federal program designed to pay the costs of domesticwork to prevent the person from being placed in:
(A) an institution; or
(B) a more restrictive placement than where that person resides at the time the personreceives the domestic work;
(ii) the individual is paid by a person designated by the Secretary of the Treasury inaccordance with Section 3504, Internal Revenue Code, as a fiduciary, agent, or other person thathas the control, receipt, custody, or disposal of, or pays the wages of the individual; and
(iii) the domestic work is performed under a written contract that notifies the individualthat the individual is not an employee under this chapter or Chapter 3; or

(e) subject to Subsections (6) and (7), an individual who:
(i) (A) owns a motor vehicle; or
(B) leases a motor vehicle to a motor carrier;
(ii) personally operates the motor vehicle described in Subsection (5)(e)(i);
(iii) operates the motor vehicle described in Subsection (5)(e)(i) under a writtenagreement with the motor carrier that states that the individual operates the motor vehicle as anindependent contractor; and
(iv) provides to the motor carrier at the time the written agreement described inSubsection (5)(e)(iii) is executed or as soon after the execution as provided by an insurer:
(A) a copy of a workers' compensation coverage waiver issued pursuant to Section31A-22-1011 by an insurer to the individual; and
(B) proof that the individual is covered by occupational accident related insurance.
(6) An individual described in Subsection (5)(d) or (e) may become an employee underthis chapter and Chapter 3 if the employer of the individual complies with:
(a) this chapter and Chapter 3; and
(b) commission rules.
(7) For purposes of Subsection (5)(e):
(a) "Motor carrier" means a person engaged in the business of transporting freight,merchandise, or other property by a commercial vehicle on a highway within this state.
(b) "Motor vehicle" means a self-propelled vehicle intended primarily for use andoperation on the highways, including a trailer or semitrailer designed for use with anothermotorized vehicle.
(c) "Occupational accident related insurance" means insurance that provides thefollowing coverage for an injury sustained in the course of working under a written agreementdescribed in Subsection (5)(e)(iii):
(i) disability benefits;
(ii) death benefits;
(iii) medical expense benefits, which include:
(A) hospital coverage;
(B) surgical coverage;
(C) prescription drug coverage; and
(D) dental coverage.

Amended by Chapter 379, 2010 General Session


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