Missouri Revised Statutes













Chapter 288

Employment Security

←288.034

Section 288.035.1

288.036→

August 28, 2015

Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

288.035. Notwithstanding the provisions of section 288.034, in the case

of an individual who is the owner, as defined in subdivision (42)* of section

301.010, and operator of a motor vehicle which is leased or contracted with a

driver to a for-hire common or contract motor vehicle carrier operating within

a commercial zone as defined in section 390.020 or 390.041, or operating under

a certificate issued by the Missouri department of transportation or by the

United States Department of Transportation or any of its subagencies, such

owner/operator shall not be deemed to be an employee, provided, however, such

individual owner and operator shall be deemed to be in employment if the

for-hire common or contract vehicle carrier is an organization described in

Section 501(c)(3) of the Internal Revenue Code or any governmental entity.



(L. 1985 H.B. 157 § 2, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456)



Effective 10-01-06



*Reprinted due to statutory reference to subsection 43 of section

301.010 changed to subdivision (42) of section 301.010 to comply

with section 3.060.



CROSS REFERENCE:



Division of motor carrier and railroad safety abolished, duties and

functions transferred to highways and transportation commission

and department of transportation, 226.008





1991



1991



288.035. Notwithstanding the provisions of section 288.034,

RSMo, in the case of an individual who is the owner and operator

of a motor vehicle which is leased or contracted with driver to a

for-hire common or contract motor vehicle carrier operating

within a commercial zone as defined in section 390.020 or

390.041, or operating under a certificate issued by the

motor carrier and railroad safety division of the department of economic

development under the provisions of this chapter or by the interstate

commerce commission, such owner/operator shall not be deemed to

be an employee, provided, however, such individual owner and

operator shall be deemed to be in employment if the for-hire

common or contract vehicle carrier is an organization described

in section 501(c)(3) of the Internal Revenue Code or any

governmental entity.



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