Exclusions from Covered Employment
Generally, all employment in New Jersey is covered under the Unemployment and Temporary Disability Benefits Laws.The following is a list of the most common types of services which are excluded from coverage:
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1. |
Agricultural labor , performed for an entity whose only business activity is agricultural, if there have not been ten or more workers for some portion of a day in each of 20 different weeks ( whether of not such weeks were consecutive in a calendar year) or $20,000 in cash remuneration in any calendar quarter. |
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Service in the employ of any veterans' organization chartered by act of Congress or of any auxiliary thereof, no part of the net earnings of which organization, or auxiliary thereof, inures to the benefit of any private shareholder of individual; | |
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2. |
Domestic service in a private home if gross cash remuneration for such service in any calendar quarter is less than $1000. |
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Service for the owner or operator of any theatre, ballroom, amusement hall, or other place of entertainment, not in excess of ten weeks in any calendar year for the same owner or operator, by any leader or musician of a band or orchestra, commonly called a "name band," entertainer, vaudeville artist, actor, actress, singer, or other entertainer; |
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Where the employing unit is a sole proprietorship service performed by an individual in the employ of his (or her) son, daughter, or spouse, and service performed by a child under the age of eighteen in the employ of his (or her) father or mother; |
11. |
Service by an individual for a labor union organization, known and recognized as a union local, as a member of a committee or committees reimbursed by the union local for time lost from regular employment or as part-time officer of a union local when the remuneration for such services is less than $1000 in a calendar year; |
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Service in the employ of fraternal beneficiary societies, order, or associations operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system and providing for the payment of life, sick, accident or other benefits to the members of such a society, order, or association, or their dependents; |
12. |
Service performed in the sale or distribution of merchandise by home-to-home salesperson or in-the-home demonstrators whose remuneration consists wholly of commissions or commissions and bonuses; | |
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5. |
Service in the employ of the board of directors, a board of trustees, a board of managers, or a committee of any bank, building and loan or savings and loan association, incorporated or organized under the laws of this state or the United States, where such services do not constitute the principal employment of the individual; |
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Service performed in the employ of a hospital as a student nurse, or intern, or by a patient of the hospital; | |
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6. |
Service with respect to which unemployment compensation is payable is under the Railroad Unemployment Insurance Act (52 stat. 1094); |
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Service in an educational institution by a student or by the spouse of a student, if the spouse is advised that the employment is part of a program of financial aid for the student who is enrolled at said institution on a full-time basis; |
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Service by agents of mutual fund brokers or dealers in the sale of mutual funds or other securities, by agents of investment companies, who are compensated wholly on a commission basis; |
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Service performed by an individual enrolled at a non-profit or public institution as part of a work-study program, if the institution certifies the employer as a participant in the program; | |
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8. |
Service by real estate salesman or brokers who are compensated wholly on a commission basis; |
NOTE: |
If one half or more of the services in any pay period by an individual for employing unit constitutes employment covered by the law, all services performed in that period are covered. |
If you have any questions regarding exempt employment please contact the Division of UI/DI Financing-Employer Status Unit at (609) 292-2638.
