UI Test - Prior to January 1, 2011

Unemployment Insurance - Worker Classification

Prior to January 1, 2011

Condition Three - Equipment

The individual maintains a separate business with his or her own office, equipment, materials and other facilities.

Explanation of Condition Three

An employing unit satisfies this condition by showing that the individual is involved in an enterprise that is separate and apart from the relationship with the employer. A "separate business" can be demonstrated by showing that the individual advertised or held him or herself out as having a separate business and that the individual has performed similar services for other employing units during the time period in question.

The Labor and Industrial Review Commission has held that the requirement of his or her own "office, equipment, materials, and other facilities" is a nonexclusive list of factors that, if present, tend to show the existence of a separate business.

The "own equipment and materials" section of Condition Three is satisfied if the tools and equipment the individual has are the main tools and equipment necessary to do the work in question.

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