H.P. 875 - L.D. 1232
An Act to Amend the Definition of "Employment" in the Unemployment Compensation Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 683, Pt. A, §14, is further amended by amending subparagraph (4-1) to read:
(4-1) Agricultural labor in the harvesting of apples, if performed by an individual who is an alien, other than a citizen of a contiguous country with which the United States has an agreement with respect to unemployment compensation, admitted to the United States to perform agricultural labor pursuant to the United States Immigration and Nationality Act, Sections 214(c) and 101(a) (15) (H);
Sec. 2. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 683, Pt. A, §14, is further amended by amending subparagraphs (41) and (42) to read:
(41) Services provided by a dance instructor to students of a dance studio when there is a contract between the instructor and the studio under which the instructor's services are not offered exclusively to the studio, the studio does not control the scheduling of the days and times of classes other than beginning and end dates, the instructor is paid by the class and not on an hourly or salary basis, the compensation rate is the result of negotiation between the instructor and the studio and the instructor is given the freedom to develop the curriculum; and
(42) Services performed by participants enrolled in programs or projects under the national service laws including the federal National and Community Service Act of 1990, as amended, 42 United States Code, Section 12501 et seq., and the federal Domestic Volunteer Service Act, as amended, 42 United States Code, Section 4950 et seq.; and
Sec. 3. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 1997, c. 683, Pt. A, §14, is further amended by enacting subparagraph (43) to read:
(43) Services of an author in furnishing text or other material to a publisher who:
(a) Does not control the author's work except to propose topics or to edit material submitted;
(b) Does not restrict the author from publishing elsewhere;
(c) Furnishes neither a place of employment nor equipment for the author's use;
(d) Does not direct or control the time devoted to the work; and
(e) Pays only for material that is accepted for publication.
This exception does not apply if the employment is subject to federal unemployment tax.
Sec. 4. Application. For purposes of enforcement of the Maine Revised Statutes, Title 26, chapter 13, that section of this Act that amends Title 26, section 1043, subsection 11, paragraph F, subparagraph (4-1) applies retroactively to January 1, 1996.
Effective September 18, 1999, unless otherwise indicated.
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