- (1) The "safe haven" provision of Subsection 35A-4-204(4) allows an employer to rely on a declaratory order, ruling, or final determination by the Department that determines the independent contractor status of a worker or class of workers.
(2) A determination may be made at the request of an employer or by the Department as the result of an audit or status investigation.
- (a) The final determination will only determine whether the employer is liable to pay contributions on payments made to the workers in question and does not affect the worker's right to challenge the determination at a more appropriate time, such as when the work relationship has ended and a claim for benefits has been filed.
- (b) The worker, or class of workers, is not bound by the determination in the event a worker later files a claim for unemployment benefits.
KEY: unemployment compensation, employment tests, independent contractor
Date of Last Change: October 28, 2022
Notice of Continuation: March 3, 2025
Authorizing, and Implemented or Interpreted Law: 35A-4-204; 26 USC 3304(a)(6)(A)