(1) “Employment” does not include services performed by an individual as a licensed
real estate broker or as a direct seller engaged in the trade or business of selling,
or soliciting the sale of, a consumer product in a home or in an establishment other
than a permanent retail establishment or as an individual engaged in the trade or
business of the delivering or distribution of newspapers or shopping news, including
any services directly related to such trade or business if:
(a) All the remuneration, whether or not paid in cash, for the performance of such
services is directly related to sales or other output, including the performance of
services, instead of the number of hours worked; and
(b) The services are performed pursuant to a written contract between such person
and the person for whom the services are performed and if such contract provides that
the person shall not be treated as an employee with respect to such services for federal
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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