Unemployment Insurance - Worker Classification

Part 2: Six of Nine Conditions - General Private Employers

Condition One - Held Out as a Business (Case Studies)

The individual advertises or otherwise affirmatively holds himself or herself out as being in business.

Note: This condition in the new law is one of the factors used in the current law applicable to government units and nonprofit organizations. Therefore, cases under the new law are listed first, followed by cases under the law applicable to government units and nonprofit organizations that also address this condition.

Case Studies relevant to Condition One

LIRC Decisions

Does advertise or hold out as a business:

Does not advertise or hold out as a business:

Cases decided under the law applicable to government units or nonprofit organizations

Does advertise or hold out as a business:

Does not advertise or hold out as a business:

Significant cases decided under older unemployment insurance laws in Wisconsin governing "employee" or "independent contractor" status:

Further Reading and Research

Read and research further LIRC, circuit court and court of appeals cases on Condition One:

  • EE 450.02a - Employee - s. 108.02(12)(bm)2.a. - advertising or holding out.

Relevant cases under the law for government units and nonprofit organizations:

  • EE 411 s.108.02 (12) (c) direction and control/independently established tests, generally
  • EE 413 - Employee - s. 108.02(12)(c)2. - "independently established"

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