5224.0080 Domestic Service


Published: 2015

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5224.0080 DOMESTIC SERVICE.


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Subpart 1.

Definition.

Domestic service means household services such as housecleaning, meal preparation, or invalid companionship or care.


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Subp. 2.

Independent contractor.

A person providing domestic services is an independent contractor if all of the following criteria are substantially met.

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A.

The service is performed in connection with some episode in the life of the purported employer's family, such as an illness of short duration, preparation for a wedding, the birth of a child, or other episode of limited duration that indicates an engagement to accomplish a specific job.


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B.

The domestic is free to work for others.


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C.

The domestic may hire helpers to complete the job.


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D.

The domestic is paid on a job basis rather than an hourly basis.



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Subp. 3.

Employee.

A person providing domestic services is an employee if all of the following factors are substantially met.

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A.

The parties are not members of the same household or immediate family.


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B.

The services are performed regularly and over a considerable period of time.


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C.

The domestic received at least $500 as wages from the employer for any three-month period during the preceding 12 months. This factor is alone sufficient to establish the employment relationship under Minnesota Statutes, section 176.041, subdivision 1.


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D.

The domestic is not claimed as a dependent for income tax purposes.


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E.

The domestic is paid on an hourly, weekly, or similar time basis.


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F.

The domestic does not contribute to the employer's household expenses.