{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-1-210","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-1-210","heading":"Employment","body":"EMPLOYMENT.\n\n\"Employment\" means:\n\n(1) Any service, including service in interstate commerce,\n\nperformed by:\n\n(a) any officer of a corporation; or\n\n(b) any individual who, under the usual common-law rules\n\napplicable in determining the employer-employee\n\nrelationship, as provided in paragraph (14) of this\n\nsection, has the status of an employee.\n\n(2) (a) any service, including service in interstate commerce,\n\nperformed by any individual other than an individual\n\nwho is an employee under paragraph (1) of this section\n\nwho performs services for remuneration for any person:\n\n(i) as an agent-driver or commission-driver engaged\n\nin distributing meat products, vegetable\n\nproducts, fruit products, bakery products,\n\nbeverages other than milk, or laundry or dry\n\ncleaning services, for the individual's\n\nprincipal; or\n\n(ii) as a traveling or city salesperson, other than as\n\nan agent-driver or commission-driver, engaged\n\nupon a full-time basis in the solicitation on\n\nbehalf of, and the transmission to, an\n\nindividual's principal, except for sideline sales\n\nactivities on behalf of some other person, of\n\norders from wholesalers, retailers, contractors\n\nor operators of hotels, restaurants or other\n\nsimilar establishments for merchandise for resale\n\nor supplies for use in their business operations;\n\n(b) provided, the term \"employment\" shall include services\n\ndescribed in divisions (i) and (ii) of subparagraph\n\n(a) of this paragraph if:\n\n(i) the contract of service contemplates that\n\nsubstantially all of the services are to be\n\nperformed personally by such individual;\n\n(ii) the individual does not have a substantial\n\ninvestment in facilities used in connection with\n\nthe performance of the services, other than in\n\nfacilities for transportation; and\n\n(iii) the services are not in the nature of a single\n\ntransaction that is not part of a continuing\n\nrelationship with the person for whom the\n\nservices are performed.\n\n(3) Service performed in the employ of this state or any of its\n\ninstrumentalities or any political subdivision thereof or any of its\n\ninstrumentalities or any instrumentality of more than one of the\n\nforegoing or any instrumentality of any of the foregoing and one or\n\nmore other states or political subdivisions; provided, that such\n\nservice is excluded from \"employment\" as defined in the Federal\n\nUnemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not\n\nexcluded from \"employment\" under paragraph (7) of this section.\n\n(4) Service performed by an individual in the employ of a\n\ncommunity chest, fund, foundation or corporation, organized and\n\noperated exclusively for religious, charitable, scientific, testing\n\nfor public safety, literary or educational purposes, or for the\n\nprevention of cruelty to children or animals, no part of the net\n\nearnings of which inures to the benefit of any private shareholder\n\nor individual, no substantial part of the activities of which is\n\ncarrying on propaganda, or otherwise attempting to influence\n\nlegislation and which does not participate in, or intervene in,\n\nincluding the publishing or distributing of statements, any\n\npolitical campaign on behalf of any candidate for public office;\n\nprovided that such organization had four or more individuals in\n\nemployment for some portion of a day in each of twenty (20)\n\ndifferent weeks, whether or not such weeks were consecutive, within\n\neither the calendar year or preceding calendar year, regardless of\n\nwhether they were employed at the same moment of time.\n\n(5) Service performed by an individual in agricultural labor as\n\ndefined in subparagraph (a) of paragraph (15) of this section when:\n\n(a) the service is performed for a person who:\n- Title 40. Labor Page 30\n\ndifferent weeks, whether or not such weeks were consecutive, within\n\neither the calendar year or preceding calendar year, regardless of\n\nwhether they were employed at the same moment of time.\n\n(5) Service performed by an individual in agricultural labor as\n\ndefined in subparagraph (a) of paragraph (15) of this section when:\n\n(a) the service is performed for a person who:\n\n(i) during any calendar quarter in either the\n\ncalendar year or the preceding calendar year,\n\npaid remuneration in cash of Twenty Thousand\n\nDollars ($20,000.00) or more to individuals\n\nemployed in agricultural labor; or\n\n(ii) for some portion of a day in each of twenty (20)\n\ndifferent calendar weeks, whether or not the\n\nweeks were consecutive, in either the calendar\n\nyear or the preceding calendar year, employed in\n\nagricultural labor ten or more individuals,\n\nregardless of whether they were employed at the\n\nsame moment of time.\n\n(b) for the purposes of this paragraph any individual who\n\nis a member of a crew furnished by a crew leader to\n\nperform service in agricultural labor for any other\n\nperson shall be treated as an employee of the crew\n\nleader:\n\n(i) if the crew leader holds a valid certificate of\n\nregistration under the Farm Labor Contractor\n\nRegistration Act of 1963, Public Law 95-562, 29\n\nU.S.C., Sections 1801 through 1872; or\n\nsubstantially all the members of the crew operate\n\nor maintain tractors, mechanized harvesting or\n\ncrop-dusting equipment, or any other mechanized\n\nequipment, which is provided by the crew leader;\n\nand\n\n(ii) if the individual is not an employee of the other\n\nperson within the meaning of paragraph (1) of\n\nthis section or subparagraph (d) of this\n\nparagraph.\n\n(c) for the purposes of this paragraph, in the case of any\n\nindividual who is furnished by a crew leader to\n\nperform service in agricultural labor for any other\n\nperson and who is not treated as an employee of the\n\ncrew leader under subparagraph (b) of this paragraph:\n\n(i) the other person and not the crew leader shall be\n\ntreated as the employer of the individual; and\n\n(ii) the other person shall be treated as having paid\n\ncash remuneration to the individual in an amount\n\nequal to the amount of cash remuneration paid to\n\nthe individual by the crew leader, either on the\n\nindividual's own behalf or on behalf of the other\n\nperson, for the service in agricultural labor\n\nperformed for the other person.\n\n(d) for the purposes of this paragraph, the term \"crew\n\nleader\" means an individual who:\n\n(i) furnishes individuals to perform service in\n\nagricultural labor for any other person;\n\n(ii) pays, either on the individual's own behalf or on\n\nbehalf of another person, the individuals so\n\nfurnished by the crew leader for the service in\n\nagricultural labor performed by them; and\n\n(iii) has not entered into a written agreement with the\n\nother person (farm operator) under which the\n\nindividual is designated as an employee of the\n\nother person.\n\n(6) The term \"employment\" shall include domestic service in a\n\nprivate home, local college club or local chapter of a college\n\nfraternity or sorority performed for a person or entity who paid\n\ncash remuneration of One Thousand Dollars ($1,000.00) or more to\n\nindividuals employed in domestic service in any calendar quarter in\n\nthe calendar year or the preceding calendar year.\n\n(7) For the purposes of paragraphs (3) and (4) of this section\n\nthe term \"employment\" does not apply to service performed:\n\n(a) in the employ of:\ne\n\nfraternity or sorority performed for a person or entity who paid\n\ncash remuneration of One Thousand Dollars ($1,000.00) or more to\n\nindividuals employed in domestic service in any calendar quarter in\n\nthe calendar year or the preceding calendar year.\n\n(7) For the purposes of paragraphs (3) and (4) of this section\n\nthe term \"employment\" does not apply to service performed:\n\n(a) in the employ of:\n\n(i) a church or convention or association of\n\nchurches;\n\n(ii) an organization which is operated primarily for\n\nreligious purposes and which is operated,\n\nsupervised, controlled, or principally supported\n\nby a church or convention or association of\n\nchurches; or\n\n(iii) an elementary or secondary school which is\n\noperated primarily for religious purposes, which\n\nis described in 26 U.S.C., Section 501(c)(3), and\n\nwhich is exempt from tax under 26 U.S.C., Section\n\n501(a);\n\n(b) by a duly ordained, commissioned or licensed minister\n\nof a church in the exercise of ministry or by a member\n\nof a religious order in the exercise of duties\n\nrequired by the order;\n\n(c) in the employ of a governmental entity referred to in\n\nparagraph (3) of this section if the service is\n\nperformed by an individual in the exercise of duties:\n\n(i) as an elected official;\n\n(ii) as a member of a legislative body, or a member of\n\nthe judiciary of a state or political\n\nsubdivision;\n\n(iii) as a member of the State National Guard or Air\n\nNational Guard;\n\n(iv) as an employee serving on a temporary basis in\n\ncase of fire, storm, snow, earthquake, flood or\n\nsimilar emergency;\n\n(v) in a position which, under or pursuant to the\n\nlaws of this state, is designated as a major\n\nnontenured policymaking or advisory position, or\n\na policymaking or advisory position the\n\nperformance of the duties of which ordinarily\n\ndoes not require more than eight (8) hours per\n\nweek;\n\n(vi) as an election official or election worker if the\n\namount of remuneration received by the individual\n\nduring the calendar year for services as an\n\nelection official or election worker is less than\n\nOne Thousand Dollars ($1,000.00);\n\n(d) by an individual who is participating or enrolled in a\n\nprogram of an organization that provides\n\nrehabilitation through work for individuals whose\n\nearning capacity is impaired by age, physical or\n\nmental deficiency, or injury, or a program of an\n\norganization that provides work for individuals who,\n\nbecause of their impaired mental or physical capacity\n\ncannot be readily absorbed into the competitive labor\n\nmarket; provided that the services are performed by a\n\nprogram participant on real property owned or leased\n\ndirectly by the organization or by a program\n\nparticipant working under a special certificate issued\n\nby the U.S. Secretary of Labor pursuant to 29 U.S.C.,\n\nSection 214(c) and 29 C.F.R., Section 525.1 et seq.;\n\n(e) as part of an unemployment work-relief or work-\n\ntraining program assisted or financed in whole or in\n\npart by any federal agency or an agency of a state or\n\npolitical subdivision thereof or of an Indian tribe,\n\nby an individual receiving such work-relief or work-\n\ntraining; or\n\n(f) by an inmate of a custodial or penal institution.\n\n(8) The term \"employment\" shall include the service of an\n\nindividual who is a citizen of the United States, performed outside\n\nthe United States, except in Canada, in the employ of an American\n\nemployer other than service which is deemed \"employment\" under the\n\nprovisions of paragraph (11) or (12) of this section or the parallel\n\nprovisions of another state's law, if:\n\n(a) the employer's principal place of business in the\n\nUnited States is located in this state;\n\n(b) the employer has no place of business in the United\n\nStates, but:\nn American\n\nemployer other than service which is deemed \"employment\" under the\n\nprovisions of paragraph (11) or (12) of this section or the parallel\n\nprovisions of another state's law, if:\n\n(a) the employer's principal place of business in the\n\nUnited States is located in this state;\n\n(b) the employer has no place of business in the United\n\nStates, but:\n\n(i) the employer is an individual who is a resident\n\nof this state;\n\n(ii) the employer is a corporation which is organized\n\nunder the laws of this state; or\n\n(iii) the employer is a partnership or a trust and the\n\nnumber of the partners or trustees who are\n\nresidents of this state is greater than the\n\nnumber who are residents of any one other state;\n\n(c) none of the criteria of subparagraphs (a) and (b) of\n\nthis paragraph are met but the employer has elected\n\ncoverage in this state or, the employer having failed\n\nto elect coverage in any state, the individual has\n\nfiled a claim for benefits, based on such service,\n\nunder the laws of this state;\n\n(d) an \"American employer\", for purposes of this\n\nsubsection, means a person who is:\n\n(i) an individual who is a resident of the United\n\nStates;\n\n(ii) a partnership if two-thirds (2/3) or more of the\n\npartners are residents of the United States;\n\n(iii) a trust, if all of the trustees are residents of\n\nthe United States; or\n\n(iv) a corporation organized under the laws of the\n\nUnited States or of any state; and\n\n(e) the term \"United States\", for the purposes of this\n\nsubsection, includes the states, the District of\n\nColumbia, the Commonwealth of Puerto Rico and the\n\nVirgin Islands.\n\n(9) Notwithstanding paragraph (11) of this section, all service\n\nperformed by an officer or member of the crew of an American vessel\n\non or in connection with the vessel, if the operating office, from\n\nwhich the operations of the vessel operating on navigable waters\n\nwithin, or within and without, the United States are ordinarily and\n\nregularly supervised, managed, directed and controlled is within\n\nthis state.\n\n(10) Notwithstanding any other provisions of the Employment\n\nSecurity Act of 1980, \"employment\":\n\n(a) includes any service with respect to which a tax is\n\nrequired to be paid under any federal law imposing a\n\ntax against which credit may be taken for\n\ncontributions required to be paid into a state\n\nunemployment fund; and\n\n(b) includes any service which is required to be\n\n\"employment\" for full tax credit to be allowed against\n\nthe tax imposed by the Federal Unemployment Tax Act of\n\n1954, Public Law 591, Chapter 736, as amended, 26\n\nU.S.C., Section 3301 et seq.\n\n(11) The term \"employment\" shall include an individual's entire\n\nservice, performed within or both within and without this state if:\n\n(a) the service is localized in this state; or\n\n(b) the service is not localized in any state but some of\n\nthe service is performed in this state and:\n\n(i) the individual's base of operations, or, if there\n\nis no base of operations, then the place from\n\nwhich the individual's employment is directed or\n\ncontrolled is in this state; or\n\n(ii) the individual's base of operations or place from\n\nwhich the service is directed or controlled is\n\nnot in any state in which some part of the\n\nservice is performed but the individual's\n\nresidence is in this state.\n\n(12) (a) Services covered by an election pursuant to Section 3-\n\n203 of this title; and\nace from\n\nwhich the individual's employment is directed or\n\ncontrolled is in this state; or\n\n(ii) the individual's base of operations or place from\n\nwhich the service is directed or controlled is\n\nnot in any state in which some part of the\n\nservice is performed but the individual's\n\nresidence is in this state.\n\n(12) (a) Services covered by an election pursuant to Section 3-\n\n203 of this title; and\n\n(b) services covered by an arrangement pursuant to Section\n\n4-701 et seq. of this title between the Oklahoma\n\nEmployment Security Commission and the agency charged\n\nwith the administration of any other state or federal\n\nunemployment compensation law, pursuant to which all\n\nservices performed by an individual for an employing\n\nunit are deemed to be performed entirely within this\n\nstate,\n\nshall be deemed to be employment if the Commission has approved an\n\nelection of the employing unit for whom such services are performed,\n\npursuant to which the entire service of such individual during the\n\nperiod covered by such election is deemed to be insured work.\n\n(13) Service shall be deemed to be localized within a state if:\n\n(a) the service is performed entirely within such state;\n\nor\n\n(b) the service is performed both within and without such\n\nstate, but the service performed without such state is\n\nincidental to the individual's service within the\n\nstate; for example, is temporary or transitory in\n\nnature or consists of isolated transactions.\n\n(14) Notwithstanding any other provision of this subsection,\n\nservices performed by an individual for wages shall be deemed to be\n\nemployment subject to the Employment Security Act of 1980 if the\n\nservices are performed by the individual in an employer-employee\n\nrelationship with the employer using the 20-factor test used by the\n\nInternal Revenue Service of the United States Department of Treasury\n\nin Revenue Ruling 87-41, 1987-1 C.B. 296. The Oklahoma Employment\n\nSecurity Commission shall have the exclusive authority to make a\n\ndetermination of whether an individual is an independent contractor\n\nor employee.\n\n(15) The term \"employment\" shall not include:\n\n(a) services performed by an individual in agricultural\n\nlabor, except as provided under paragraph (5) of this\n\nsection. Services performed by an individual who is a\n\nnonresident alien admitted to the United States to\n\nperform agricultural labor, pursuant to 8 U.S.C.,\n\nSections 1101(a), 1184(c) and 1188. For purposes of\n\nthis subparagraph, the term \"agricultural labor\" means\n\nremunerated service performed in agricultural labor as\n\ndefined in the Federal Unemployment Tax Act, 26\n\nU.S.C., Section 3306(k);\n\n(b) domestic service, except as provided under paragraph\n\n(6) of this section, in a private home, local college\n\nclub, or local chapter of a college fraternity or\n\nsorority;\n\n(c) service performed by an individual in the employ of\n\nhis or her son, daughter, or spouse, and service\n\nperformed by a child under the age of twenty-one (21)\n\nin the employ of his or her father or mother, or both\n\nfather and mother;\nic service, except as provided under paragraph\n\n(6) of this section, in a private home, local college\n\nclub, or local chapter of a college fraternity or\n\nsorority;\n\n(c) service performed by an individual in the employ of\n\nhis or her son, daughter, or spouse, and service\n\nperformed by a child under the age of twenty-one (21)\n\nin the employ of his or her father or mother, or both\n\nfather and mother;\n\n(d) service performed in the employ of the United States\n\ngovernment or an instrumentality of the United States\n\nexempt under the Constitution of the United States\n\nfrom the contributions imposed by the Employment\n\nSecurity Act of 1980, except that to the extent that\n\nthe Congress of the United States shall permit states\n\nto require any instrumentalities of the United States\n\nto make payments into an unemployment fund under a\n\nstate unemployment compensation law, all of the\n\nprovisions of the Employment Security Act of 1980\n\nshall be applicable to such instrumentalities, and to\n\nservices performed for such instrumentalities, in the\n\nsame manner, to the same extent, and on the same terms\n\nas to all other employers, employing units,\n\nindividuals and services; provided that if this state\n\nshall not be certified for any year by the Secretary\n\nof Labor of the United States under the Federal\n\nInternal Revenue Code, 26 U.S.C., Section 3304(c), the\n\npayments required of such instrumentalities with\n\nrespect to the year shall be refunded by the\n\nCommission from the fund in the same manner and within\n\nthe same period as is provided in Section 3-304 of\n\nthis title with respect to contributions erroneously\n\ncollected;\n\n(e) service with respect to which unemployment\n\ncompensation is payable under an unemployment\n\ncompensation system established by an act of Congress;\n\n(f) service performed in the employ of a foreign\n\ngovernment, including service as a consul or other\n\nofficer or employee or a nondiplomatic representative;\n\n(g) service performed in the employ of an instrumentality\n\nwholly owned by a foreign government:\n\n(i) if the service is of a character similar to that\n\nperformed in foreign countries by employees of\n\nthe United States government or of an\n\ninstrumentality thereof, and\n\n(ii) if the Commission finds that the United States\n\nSecretary of State has certified to the United\n\nStates Secretary of the Treasury that the foreign\n\ngovernment, with respect to whose instrumentality\n\nexemption is claimed, grants an equivalent\n\nexemption with respect to similar service\n\nperformed in the foreign country by employees of\n\nthe United States government and of\n\ninstrumentalities thereof;\n\n(h) service covered by an arrangement between the\n\nCommission and the agency charged with the\n\nadministration of any other state or federal\n\nunemployment compensation law pursuant to which all\n\nservices performed by an individual for an employing\n\nunit during the period covered by such employing\n\nunit's duly approved election, are deemed to be\n\nperformed entirely within the jurisdiction of such\n\nother state or federal agency;\n\n(i) service performed as a student nurse in the employ of\n\na hospital or a nurses' training school by an\n\nindividual who is enrolled and is regularly attending\n\nclasses in a nurses' training school chartered or\n\napproved pursuant to state law; and service performed\n\nas an intern in the employ of a hospital by an\n\nindividual who has completed a four-year course in a\n\nmedical school chartered or approved pursuant to state\n\nlaw;\n\n(j) service performed by an individual for a person, firm,\n\nassociation, trust, partnership or corporation as an\n\ninsurance agent, or as an insurance solicitor or as a\n\nlicensed real estate agent, if all such service\n\nperformed by such individual for such person is\n\nperformed for remuneration solely by way of\n\ncommissions or fees;\n\nrsuant to state\n\nlaw;\n\n(j) service performed by an individual for a person, firm,\n\nassociation, trust, partnership or corporation as an\n\ninsurance agent, or as an insurance solicitor or as a\n\nlicensed real estate agent, if all such service\n\nperformed by such individual for such person is\n\nperformed for remuneration solely by way of\n\ncommissions or fees;\n\n(k) service performed by an individual under the age of\n\neighteen (18) in the delivery and distribution of\n\nnewspapers or shopping news, not including delivery or\n\ndistribution to any point for subsequent delivery or\n\ndistribution, and services performed by an individual\n\neighteen (18) years of age or older who meets the\n\ndefinition of a \"direct seller\" as defined in 26\n\nU.S.C., Section 3508(b)(2), that states in pertinent\n\npart:\n\n(i) the individual must be engaged in the delivery or\n\ndistribution of newspapers or shopping news,\n\nincluding any services directly related to such\n\ntrade or business,\n\n(ii) substantially all the remuneration, whether or\n\nnot paid in cash, for the performance of the\n\nservices described in division (i) of this\n\nsubparagraph is directly related to sales or\n\nother output, including the performance of\n\nservices, rather than the number of hours worked,\n\nand\n\n(iii) the services performed by the individual are\n\nperformed pursuant to a written contract between\n\nthe person and the person for whom the services\n\nare performed and the contract provides that the\n\nperson will not be treated as an employee with\n\nrespect to the services;\n\n(l) service performed in the employ of a school, college\n\nor university, if the service is performed:\n\n(i) by a student who is enrolled and is regularly\n\nattending classes at the school, college, or\n\nuniversity, or\n\n(ii) by the spouse of the student, if the spouse is\n\nadvised, at the time the spouse commences to\n\nperform the service, that:\n\n(I) the employment of the spouse to perform the\n\nservice is provided under a program to\n\nprovide financial assistance to the student\n\nby the school, college, or university, and\n\n(II) the employment will not be covered by any\n\nprogram of unemployment insurance;\n\n(m) service performed by an individual who is enrolled at\n\na nonprofit or public educational institution which\n\nnormally maintains a regular faculty and curriculum\n\nand normally has a regularly organized body of\n\nstudents in attendance at the place where its\n\neducational activities are carried on as a student in\n\na full-time program, taken for credit at the\n\ninstitution, which combines academic instruction with\n\nwork experience, if the service is an integral part of\n\nthe program, and the institution has so certified to\n\nthe employer, except that this provision shall not\n\napply to service performed in a program established\n\nfor or on behalf of an employer or group of employers;\n\n(n) service performed in the employ of a hospital, if the\n\nservice is performed by a patient of the hospital;\n\n(o) services performed by cooperative extension personnel\n\nholding federal appointments employed by state\n\ninstitutions of higher learning;\n\n(p) earnings of employees being paid by state warrants who\n\nare presently covered by the Federal Unemployment\n\nCompensation Act, 5 U.S.C., Section 8501 et seq., by\n\nvirtue of their federal status;\n\n(q) cosmetology services performed by an individual in a\n\nbeauty shop, as defined by Section 199.1 of Title 59\n\nof the Oklahoma Statutes, pursuant to an agreement\n\nwhereby the owner of the beauty shop leases or rents\n\nfacilities for cosmetology to such individual;\n\n(r) barbering services performed by an individual in a\n\nbarber shop, as defined by Section 61.5 of Title 59 of\n\nthe Oklahoma Statutes, pursuant to an agreement\n\nwhereby the owner of the barber shop leases or rents\n\nfacilities for barbering to such individual;\nma Statutes, pursuant to an agreement\n\nwhereby the owner of the beauty shop leases or rents\n\nfacilities for cosmetology to such individual;\n\n(r) barbering services performed by an individual in a\n\nbarber shop, as defined by Section 61.5 of Title 59 of\n\nthe Oklahoma Statutes, pursuant to an agreement\n\nwhereby the owner of the barber shop leases or rents\n\nfacilities for barbering to such individual;\n\n(s) services performed as a participant in a work or\n\ntraining program administered by the Department of\n\nHuman Services;\n\n(t) riding services performed by a jockey and services\n\nperformed by a trainer of racehorses in preparation\n\nfor and during an approved race meeting licensed by\n\nthe Oklahoma Horse Racing Commission;\n\n(u) service performed by an individual whose remuneration\n\nconsists solely of commissions, overrides, bonuses,\n\nand differentials related to sales or other output\n\nderived from in-person sales to, or solicitation of\n\norders from, ultimate consumers primarily in the home,\n\nor otherwise than in a permanent retail establishment;\n\n(v) service performed by a person, commonly referred to as\n\n\"owner-operator\", who owns or leases a truck-tractor\n\nor truck for hire, provided the owner-operator\n\nactually operates the truck-tractor or truck and,\n\nfurther, that the entity contracting with the owner-\n\noperator is not the lessor of the truck-tractor or\n\ntruck;\n\n(w) services performed as a chopper of cotton who weeds or\n\nthins cotton crops by hand or hoe. This subsection\n\nshall be interpreted and applied consistently with the\n\nFederal Unemployment Tax Act, 26 U.S.C., Sections\n\n3304(a)(6)(A) and 3306(k);\n\n(x) services performed for a private for-profit person or\n\nentity by an individual as a landman:\n\n(i) if the individual is engaged primarily in\n\nnegotiating for the acquisition or divestiture of\n\nmineral rights or negotiating business agreements\n\nthat provide for the exploration for or\n\ndevelopment of minerals,\n\n(ii) if substantially all remuneration paid in cash or\n\notherwise for the performance of the services is\n\ndirectly related to the completion by the\n\nindividual of the specific tasks contracted for\n\nrather than to the number of hours worked by the\n\nindividual, and\n\n(iii) if the services performed by the individual are\n\nperformed under a written contract between the\n\nindividual and the person for whom the services\n\nare performed; provided that the individual is to\n\nbe treated as an independent contractor and not\n\nas an employee with respect to the services\n\nprovided under the contract; or\n\n(y) services performed by persons working under an\n\nAmeriCorps grant from the Corporation for National\n\nService made pursuant to the National and Community\n\nService Act of 1990 (NCSA) codified at 42 U.S.C.,\n\nSection 12501 et seq.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b152e21b45e46abc67f49d220090571936e864bb5074869d85fe46b662df223c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-1-209a","next":"us-ok/okla.-stat.-tit.-40-40-1-214"},"notice":"GroundRules: Original legal text. Not legal advice."}