35A-4-313. Determination of employer and employment.
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Effective 5/5/2021
35A-4-313. Determination of employer and employment.
(a)The division or its authorized representatives may, upon its own motion or upon application of an employing unit, determine whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of, an employer constitute employment for the employing unit.
(b)A determination described in Subsection (1)(a) may constitute the basis for determination of contribution liability under Subsection 35A-4-305(2) and be subject to review and appeal as provided.
(2)Pursuant to Subsection 35A-4-204(2)(e) , if the division or the division's authorized representatives determine that services performed for, or in connection with the business of, a religious, charitable, educational, or other organization do not constitute employment for an employer:
(a)the religious, charitable, educational, or other organization shall notify a prospective employee, at the time an offer of employment is made, that the employee will be unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b)the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (2)(a) .
(3)Pursuant to Subsection 35A-4-204(2)(e) , if the division or the division's authorized representatives determine that the status of whether services performed for, or in connection with the business of, a religious, charitable, educational, or other organization has changed regarding whether the services constitute employment for an employer:
(a)the religious, charitable, educational, or other organization shall notify each current employee of the change in status regarding whether the employee will be able or unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b)the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (3)(a) .
Amended by Chapter 372 , 2021 General Session