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Exempt Employment Defined
Under the SCES Law, the following is considered "exempt
employment":
All day care centers, kindergartens, or elementary and secondary schools that are church
owned and/or controlled are exempt.
- Service performed by a duly ordained, commissioned or licensed minister of a church in
the exercise of his ministry.
- Seafood Industry – Persons employed in the commercial netting, catching, and
gathering of seafood and the processing of such seafood for the fresh market.
- Casual Labor – Not in the course of business.
- Child under the age of eighteen in the employ of his father or mother.
- Service performed by an individual in the employ of his son, daughter or spouse.
- Member of a legislative body or member of the judiciary of a state or political
subdivision.
- Member of the state National Guard or Air National Guard.
- An employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood
or similar emergency.
- Service performed in a facility conducted for the purpose of carrying out a program of
rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency.
- Service performed by an individual under the age of eighteen in the delivery or
distribution of newspapers or shopping news, not including delivery or distribution to any
point for subsequent delivery or distribution.
- Service performed as a student nurse in the employ of a hospital or a nurses’
training school and service performed as an intern in the employ of a hospital by an
individual who has completed a four years’ course in a medical school that is
chartered and approved pursuant to state law.
- Service performed by an individual for an employer as an insurance agent or solicitor,
or a real-estate salesman or agent that is compensated solely by way of
commission is considered to be exempt employment.
- Service performed in the employ of a foreign government.
Services performed by inmates of custodial institutions and inmates of penal
institutions are exempt from unemployment coverage.
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