5224.0050 Bulk Oil Plant Operators


Published: 2015

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5224.0050 BULK OIL PLANT OPERATORS.


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Subpart 1.

Definition.

A bulk plant operator is an individual who:

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A.

distributes the products of firms engaged in the oil business;


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B.

receives the oil products from the firm with which he or she contracts and delivers them to the retailers in his or her territory; and


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C.

collects money for the products from customers and forwards it to the firm.



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Subp. 2.

Independent contractor.

A bulk oil plant operator is an independent contractor if all of the following criteria are substantially met.

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A.

The operator is in complete charge of the entire plant.


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B.

The operator's contract with an oil firm provides that the operator will:

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(1)

sell the firm's petroleum products on a consignment basis and account for all money collected;


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(2)

sell the products within a general territory at prices set by the firm;


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(3)

bear all expenses except freight on the products consigned;


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(4)

furnish trucks and other equipment; and


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(5)

hire, pay, and assume full responsibility for all necessary assistants.



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C.

The operator advertises the firms' products at his or her own expense.


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D.

The operator fixes the hours and days the plant remains open, and hires, pays, and controls the employees.



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Subp. 3.

Employee.

A bulk oil plant operator is an employee if all of the following criteria are substantially met.

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A.

The operator does not have an investment in capital assets and is paid on a salary basis.


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B.

The operator is required to work fixed hours or full time.


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C.

The operator is included in the oil firm's employee benefits plans.


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D.

The operator is required to comply with instructions given by the firm.


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E.

The operator is not personally obligated to pay wages or does not assist in paying the truck or plant maintenance expenses.


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F.

The operator is hired to manage the plant on a salary basis under instructions on the method and manner of doing the work.