Definition of Employment

The term "employment" means service performed for wages under a contract of hire, written or oral, expressed or implied, including service in interstate commerce. Included are services performed by:

• any officer of a corporation; or
• any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or
• any individual other than an individual who is an employee who performs services for remuneration for any employing unit;

1. as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages, or laundry or dry-cleaning services, for his principal;
2. as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants or similar
   establishments for merchandise for resale or supplies for use in their business operations;

Provided, that the term "employment" shall include services described above only if:

• The contract of service contemplates that substantially all of the services are to be performed person-ally by such individual;
• The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and
• The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

Employment covers all services rendered for wages or under any contract of hire unless it has been shown to the satisfaction of the Commission that:

• Such individual has been and will continue to be free from control or direction over the performance of such services both under his contract of service and in fact; and
• Such service is either outside the usual course of the business for which it is performed or that such service is performed outside of all places of business of the enterprise for which it is performed.