TITLE 28
Labor and Labor Relations
CHAPTER 28-29
Workers' Compensation General Provisions
SECTION 28-29-7.1
§ 28-29-7.1 Exemption from workers'
compensation Certain real estate persons.
A licensed real estate broker or real estate salesperson or a licensed or
certified real estate appraiser shall not be considered an employee under the
provisions of this chapter if substantially all of the remuneration for the
services performed by the broker, salesperson, or appraiser, whether paid in
cash or otherwise, is directly related to sales or other output rather than to
the number of hours worked, and the services are performed by the broker,
salesperson, or appraiser pursuant to a written contract that contains the
following provisions:
(1) The broker, salesperson, or appraiser, for purposes of
workers' compensation, is engaged as an independent contractor associated with
the person for whom services are performed;
(2) The broker or salesperson shall be paid a commission
based on his or her gross sales, if any, without deduction for taxes, which
commission shall be directly related to sales or other output;
(3) The broker, salesperson, or appraiser shall not receive
any remuneration related to the number of hours worked, and shall not be
treated as an employee with respect to the services for the purposes of this
chapter;
(4) The broker, salesperson, or appraiser shall be permitted
to work any hours he or she chooses;
(5) The broker, salesperson, or appraiser shall be permitted
to work out of his or her own home or the office of the person for whom
services are performed;
(6) The broker, salesperson, or appraiser shall be free to
engage in outside employment;
(7) The person for whom the services are performed may
provide office facilities and supplies for the use of the broker, salesperson,
or appraiser, but the broker, salesperson, or appraiser shall otherwise pay his
or her own expenses.
History of Section.
(P.L. 1994, ch. 422, § 1; P.L. 1999, ch. 216, § 5; P.L. 1999, ch.
384, § 5.)
