CHAPTER 30

An Act to amend and reenact § 60-14 of the Code of Virginia, relating
to the definition of the term “employment” as used in the Virginia
Unemployment Compensation Act, so as to provide that the term
“employment” shall not include service performed by certain dis-
tributors of petroleum products when remunerated solely by way of
commission.

[S 54]

Approved February 14, 1952

Be it enacted by the General Assembly of Virginia:
te That § 60-14 of the Code of Virginia be amended and reenacted as

ollows:

§ 60-14. Employment.—(1) “Employment” means any service per-
formed prior to January first, nineteen hundred forty, which was em-
ployment as defined in this section prior to such date, and, subject to
the other provisions of this section, service performed after December
thirty-first, nineteen hundred thirty-nine, including service in interstate
commerce, performed for remuneration or under any contract of hire,
written or oral, express or implied; and any service, of whatever nature,
performed after December thirty-first, nineteen hundred forty-seven, by
any individual for any employing unit, for remuneration or under any
contract of hire, written or oral, and irrespective of citizenship or resi-
dence of either,

(a) Within the United States, or

(b) On or in connection with an American vessel under a contract
of service which is entered into within the United States or during the
performance of which the vessel touches at a port in the United States, if
such individual performs such services on or in connection with such
vessel when outside the United States, provided that the operating office,
from which the operations of the vessel are ordinarily and regularly super-
vised, managed, directed and/or controlled, is within the Commonwealth.

(2) The term “employment” shall include an individual’s entire serv-
ice, performed within or both within and without this State if:

(a) The service is localized in this State; or

(b) The service is not localized in any state but some of the service
is performed in this State and (1) the base of operations, or, if there is
no base of operations, then the place from which such service is directed
or controlled, is in this State; or (ii) the base of operations or place from
which such service is directed or controlled is not in any state in which
some part of the service is performed, but the individual’s residence is in
this State.
(3) Services performed within this State and not covered under
paragraph (2) of this section shall be deemed to be employment subject
to this title if contributions are not required and paid with respect to
such services under an unemployment compensation law of any other
state or of the federal government.

(4) (a) Services not covered under paragraph (2) of this section,
and performed entirely without this State, with respect to no part of
which contributions are required and paid under an unemployment com-
pensation law of any other state or of the federal government, shall be
deemed to be employment subject to this title if the individual performing
such services is a resident of this State and the Commission approves the
election of the employing unit for whom such services are performed that
the entire service of such individual shall be deemed to be employment
subject to this title.

(b) Services covered by an arrangement between the Commission
and the agency charged with the administration of any other state or
federal unemployment compensation law, pursuant to which all services
performed by an individual for an employing unit are deemed to be per-
formed entirely within this State shall be deemed to be employment if the
Commission has approved an election of the employing unit for whom
such services are performed, pursuant to which the entire service of such
individual during the period covered by such election is deemed to be
insured work.

(c) The Commission is hereby authorized to enter into reciprocal
arrangements with appropriate and duly authorized agencies of other
states or the federal government, or both, whereby services performed
by an individual for a single employing unit for which services are cus-
tomarily performed in more than one state shall be deemed to be services
performed entirely within any one of the states (i) in which any part of
such individual’s service is performed or (ii) in which such individual has
his residence or (iii) in which the employing unit maintains a place of
business, provided there is in effect, as to such services, an election, ap-
proved by the agency charged with the administration of such state’s unem-
ployment compensation law, pursuant to which all the services performed
by such individual for such employing unit are deemed to be performed
entirely within such state.

(d) To the extent permissible under the laws and Constitution of this
State and the United States the Commission is authorized to enter into or
co-operate in arrangements whereby facilities and services provided under
this title and facilities and services provided under the unemployment
compensation law of any foreign government established on the continent
of North America, may be utilized for the taking of claims and the pay-
ment of benefits under the Virginia Unemployment Compensation Act or
under a similar law of such foreign government.

(5) Service shall be deemed to be localized within a state if:

(a) The service is performed entirely within such state; or

(b) The service is performed both within and without such state,
but the service performed without such state is incidental to the in-
dividual’s service within the state, for example is temporary or transitory
in nature or consists of isolated transactions.

Services performed outside the state in which the base of operations
is located shall be deemed to be incidental to the services performed within
such state.

(6) Services performed by an individual for remuneration shall be
deemed to be employment subject to this title unless:

(a) Such individual has been and will continue to be free from con-
trol or direction over the performance of such services, both under his
contract of service and in fact; and

(b) Such service is either outside the usual course of the business for
which such service is performed, or such service is performed outside
of all the places of business of the enterprise for which such service is
performed; or such individual, in the performance of such service, is
engaged in an independently established trade, occupation, profession or

usiness.

(7) The term “employment”, after December thirty-first, nineteen
hundred * fifty-one, shall not include:

(a) Service performed in the employ of a state, or of any political
subdivision thereof, or of any instrumentality of any one or more of
the foregoing which is wholly owned by one or more states or political
subdivisions; and any service performed in the employ of any instrumen-
tality of one or more other states or their political subdivisions to the
extent that the instrumentality is, with respect to such service, immune
under the Constitution of the United States from the tax imposed by
section sixteen hundred of the Federal Internal Revenue Code;

(b) Service performed in the employ of the United States govern-
ment or of any instrumentality of the United States which is wholly owned
by the United States;

(c) Service with respect to which unemployment compensation is
payable under an unemployment compensation system established by an
act of Congress, including service performed after June thirtieth, nine-
teen hundred thirty-nine, for an employer determined to be subject to
the Railroad Unemployment Insurance Act by the agency or agencies
empowered to make such determination by an act of Congress, and service
as an employer representative determined to be subject to such act by such
agency or agencies; provided, that the Commission is hereby authorized
and directed to enter into agreements with the proper agencies under
such act of Congress, which agreements shall become effective ten days
after publication thereof in the manner provided in § 60-30 for general
rules, to provide reciprocal treatment to individuals who have, after
acquiring potential rights to benefits under this title acquired rights to
unemployment compensation under such act of Congress, or who have,
after acquiring potential rights to unemployment compensation under
such act of Congress, acquired rights to benefits under this title;

(d) Agricultural labor as defined in § 60-3;

(e) Domestic service in a private home, local college club or local
chapter of a college fraternity or sorority ;

(f) Service performed on or in connection with a vessel not an
American vessel by an employee, if the employee is employed on and in
connection with such vessel when outside the United: States;

(f1) Service performed by an individual in, or as an officer or mem-
ber of the crew of a vessel while it is engaged in, the catching, taking,
harvesting, cultivating or farming of any kind of fish, shellfish, crustacea,
sponges, seaweeds or other acquatic forms of animal and vegetable life,
including service performed by any such individual as an ordinary inci-
dent to any such activity, except (i) service performed in connection with
the catching or taking of salmon or halibut, for commercial purposes, and
(ii) service performed on or in connection with a vessel of more than ten
net tons, determined in the manner provided for determining the register
tonnage of merchant vesscls under the laws of the United States.

(zg) Service performed by an individual in the employ of his son,
daughter, or spouse, and service performed by a child under the age of
twenty-one in the employ of his father or mother;

(h) Service performed in the employ of a corporation, community
chest, fund or foundation organized and operated exclusively for religious,
charitable, scientific, literary or educational purposes, or for the preven-
tion of cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual;

(1) Service performed in any calendar quarter in the employ of any
organization exempt from income tax under § 101 of the Federal In-
ternal Revenue Code, if (i) the remuneration for such service does not
exceed forty-five dollars; or (ii) such service is in connection with the
collection of dues or premiums for a fraternal beneficiary society, order,
or association, and is performed away from the home office, or is ritual-
istic service in connection with any such society, order, or association; or
(iii) such service is performed by a student who is enrolled and is regu-
larly attending classes at a school, college, or university ;

(j) Service performed in the employ of an agricultural or horticul-
tural organization exempt from income tax under § 101 (1) of the
Federal Internal Revenue Code;

(k) Service performed in the employ of a voluntary employees’
beneficiary association providing for the payment of life, sick, accident,
or other benefits to the members of such association or their dependents,
if (1) no part of its net earnings inures (other than through such pay-
ments) to the benefit of any private shareholder or individual, and (ii)
eighty-five per centum or more of the income consists of amounts collected
from members for the sole purpose of making such payments and meeting
expenses;

Service performed in the employ of a voluntary employees’ bene-
ficiary association providing for the payment of life, sick, accident, or
other benefits to the members of such association or their dependents or
their designated beneficiaries, if (i) admission to membership in such
association is limited to individuals who are officers or employees of the
United States Government, and (ii) no part of the net earnings of such
association inures (other than through such payments) to the benefit of
any private shareholder or individual ;

Service performed in any calendar quarter in the employ of a school,
college or university, not exempt from income tax under § 101 of the
Federal Internal Revenue Code, if such service is performed by a student
who is enrolled and is regularly attending classes at such school, college
or university, and the remuneration for such service does not exceed
forty-five dollars exclusive of room, board and tuition;

(1) Service performed as a student in the employ of a hospital or
a nurses’ training school by an individual who is enrolled and is regularly
attending classes in a nurses’ training school chartered or approved pur-
suant to State law; and service performed as an interne in the employ
of a hospital by an individual who has completed a four years’ course in
a medical school chartered or approved pursuant to State law;

(m) Service performed by an individual under the age of eighteen
in the delivery or distribution of newspapers or shopping news, not in-
cluding delivery or distribution to any point for subsequent delivery or
distribution ;

(n) Service performed by an individual for an employing unit as
an insurance agent or as an insurance solicitor, if all such service per-
formed by such individual for such employing unit is performed for re-
muneration solely by way of commission;

(o) Service performed by an individual for an employing unit as a
real estate salesman, if all such service performed by such individual for
such employing unit is performed for remuneration solely by way of
commission. This paragraph (o) shall also apply to such service per-
formed since January Ist, nineteen hundred thirty-seven.

(p) Service covered by an arrangement between the Commission and
the agency charged with the administration of any other state or federal
unemployment compensation law pursuant to which all services per-
formed by an individual for an employing unit during the period covered
by such employing unit’s duly approved election are deemed to be per-
formed entirely within such agency’s state or under such federal law.

( q) Service performed by an individual for an employing unit as an
agent in the wholesale distribution and sale of gasoline and other petroleum
products, if all such service performed by such individual for such em-
ploying unit is performed for remuneration solely by way of commission.