Unemployment Insurance - Worker Classification

Part 2: Five 'Keeler' Factors - Nonprofit Employers

Factor One - Integration

Whether the services performed directly relate to the activities conducted by the company retaining those services.

Explanation of Condition One

The services provided to the employing unit by the worker must be substantially different from the employing unit's business.

The services provided by the worker to the employing unit are not directly related to, or integrated into, the employing unit's business. The services provided are directly related to, or integrated into, the employing unit's business when the success or continuation of the employing unit depends upon the performance of those services.

For example, where an employing unit that manufactures furniture engages a worker to fabricate upholstery for chairs that the employing unit sells, the worker's services performed to make or assemble the upholstery material for the chairs is directly related or integrated into the employing unit's product.

On the other hand, where a worker is hired to paint the building in which the employing unit's manufacturing business is located, the painting work is not integrated into the business activity of the employing unit.


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