(a) For purposes of determining eligibility for employee benefits and protections pursuant to this title, relating to employment and unemployment, or determining tax liability for employees and employers pursuant to Title 40, relating to revenue and taxation, an employer or state agency responsible for determining the employment status of an individual shall do both of the following:

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Terms Used In Alabama Code 25-1-3

  • following: means next after. See Alabama Code 1-1-1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Use the test enumerated by the Internal Revenue Service in Rev. Rul. 87-41, 1987-1 C.B. 296, as amended or replaced from time to time, in making its determination.
(2) Apply the safe harbor provided in Section 530 of the Revenue Act of 1978, Public Law 95-600, as amended and extended by subsequent acts of Congress.
(b) Notwithstanding subsection (a), this section shall have no application to, nor shall it have any impact upon, any determination of whether a worker is engaged in employment, or is considered an employee, for purposes of the workers’ compensation laws of this state.
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