Unemployment Insurance - Worker Classification

Part 2: Six of Nine Conditions - General Private Employers

Condition Six - Services Do Not Directly Relate

The services performed by the individual do not directly relate to the employing unit retaining the services.

Explanation of Condition Six

The services provided to the employing unit by the worker must be substantially different from the employing unit's business, and must not be directly related to, or be integrated into, the employing unit's business.

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 are directly related to, and 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.

Case Studies

Cases studies relevant to condition six based upon cases decided by the Labor and Industrial Review Commission (LIRC), Wisconsin Circuit Courts, and Wisconsin Appellate Courts

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