1. (1) Sections 35A-4-401 and 35A-4-207 of the Act provide the means to determine when or if a claimant, who is not totally unemployed, may be allowed unemployment insurance benefits.

   1. (a) The fund is not intended to subsidize a claimant who is:

      1. (i) devoting substantially all the claimant's time and efforts to starting a new business or expanding an existing business even though the claimant receives no income; or
      2. (ii) working as a commission salesperson, mortgage broker, loan officer, or real estate or securities salesperson, who may not have received commissions in excess of the claimant's weekly benefit amount but who has devoted substantially all of the claimant's time and efforts to the endeavor.

2. (2) There are generally four types of potentially employed claimants whose claims must be examined under Section 35A-4-207, including:

   1. (a) corporate officers;
   2. (b) self-employed individuals;
   3. (c) commission salespersons; and
   4. (d) volunteer workers.

KEY: unemployment compensation, unemployed workers

Date of Last Change: October 4, 2022

Notice of Continuation: July 16, 2025

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-4-502(1)(b); 35A-4-207