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Part 2: Six of Nine Conditions - Indian Tribal Government
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 individual must be substantially different from the employing unit's business. The services provided by the individual 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 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.
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