Utah Code 35A-4-313. Determination of employer and employment

35A-4-313. Determination of employer and employment.

(1)

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Terms Used In Utah Code 35A-4-313

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
employer: means :

(a)

an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;

(b)	an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or

(c)

for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203

Employing unit: means :

(i)

any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:

(A)	partnership;

(B)	association;

(C)

trust;

(D)

estate;

(E)	joint stock company;

(F)	insurance company;

(G)	limited liability company;

(H)	limited liability partnership;

(I)	joint venture;

(J)	corporation, whether domestic or foreign;

(K)	the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);

(L)	the legal representative of a deceased person; or

(M)	a tribal unit; or

(ii)	any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202
(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

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