(a) The following persons are not covered by this chapter:
(1) a part-time babysitter;
(2) a cleaning person;
(3) harvest help and similar part-time or transient help;
(4) a person employed as a sports official on a contractual basis and who officiates only at sports events in which the players are not compensated; in this paragraph, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, organizer, or other person who is a neutral participant in a sports event;
(5) a person employed as an entertainer on a contractual basis;
(6) a commercial fisherman, as defined in AS 16.05.940 ;
(7) an individual who drives a taxicab and whose compensation and written contractual arrangement is as described in AS 23.10.055(a)(13) , unless the hours worked by the individual or the areas in which the individual may work are restricted except to comply with local ordinances;
(8) a participant in the Alaska temporary assistance program (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than subsidized or unsubsidized work or on-the-job training;
(9) a person employed as a player or coach by a professional hockey team if the person is covered under a health care insurance plan provided by the professional hockey team, the coverage is applicable to both work-related and nonwork-related injuries, and the coverage provides medical and related benefits as required under this chapter, except that coverage may not be limited to two years from the date of injury as described under AS 23.30.095(a) ; in this paragraph, “health care insurance” has the meaning given in AS 21.12.050 ;
(10) a person working as a qualified real estate licensee who performs services under a written contract that provides that the person will not be treated as an employee for federal income tax or workers' compensation purposes; in this paragraph, “qualified real estate licensee” means a person who is required to be licensed under AS 08.88.161 and whose payment for services is directly related to sales or other output rather than the number of hours worked;
(11) a transportation network company driver who provides a prearranged ride or is otherwise logged onto the digital network of a transportation network company as a driver; and
(12) a person employed as an independent contractor; a person is an independent contractor for the purposes of this section only if the person
(A) has an express contract to perform the services;
(B) is free from direction and control over the means and manner of providing services, subject only to the right of the individual for whom, or entity for which, the services are provided to specify the desired results, completion schedule, or range of work hours, or to monitor the work for compliance with contract plans and specifications, or federal, state, or municipal law;
(C) incurs most of the expenses for tools, labor, and other operational costs necessary to perform the services, except that materials and equipment may be supplied;
(D) has an opportunity for profit and loss as a result of the services performed for the other individual or entity;
(E) is free to hire and fire employees to help perform the services for the contracted work;
(F) has all business, trade, or professional licenses required by federal, state, or municipal authorities for a business or individual engaging in the same type of services as the person;
(G) follows federal Internal Revenue Service requirements by
(i) obtaining an employer identification number, if required;
(ii) filing business or self-employment tax returns for the previous tax year to report profit or income earned for the same type of services provided under the contract; or
(iii) intending to file business or self-employment tax returns for the current tax year to report profit or income earned for the same type of services provided under the contract if the person's business was not operating in the previous tax year; and
(H) meets at least two of the following criteria:
(i) the person is responsible for the satisfactory completion of services that the person has contracted to perform and is subject to liability for a failure to complete the contracted work, or maintains liability insurance or other insurance policies necessary to protect the employees, financial interests, and customers of the person's business;
(ii) the person maintains a business location or a business mailing address separate from the location of the individual for whom, or the entity for which, the services are performed;
(iii) the person provides contracted services for two or more different customers within a 12-month period or engages in any kind of business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.
(b) The exclusion of certain persons under (a) of this section may not be construed to require inclusion of other persons as employees for purposes of compensation under this chapter.
(c) In this section,
(1) “digital network” has the meaning given in AS 28.23.180 ;
(2) “on-the-job training” means training provided by an employer under a formal agreement with a department of the state, or an agent of a department, for which wages are paid by the employer to a participant in the Alaska temporary assistance program (AS 47.27) while the participant receives job training;
(3) “prearranged ride” has the meaning given in AS 28.23.180 ;
(4) “subsidized work” means employment, by an employer, of an Alaska temporary assistance program participant in a work placement for which the participant receives wages from the employer, subsidized by, and subject to an agreement between the employer and a department of the state or an agent of a department; “subsidized work” does not include community work service, job sampling placements, or preplacement activities such as job readiness assessments, job searches, education, or vocational training;
(5) “transportation network company” has the meaning given in AS 28.23.180 ;
(6) “transportation network company driver” or “driver” has the meaning given in AS 28.23.180 .
(7) “unsubsidized work” means employment, by an employer, secured by an Alaska temporary assistance program participant, with or without the assistance of a department of the state or an agent of a department, for which the participant receives wages from the employer; “unsubsidized work” does not include self-employment.
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