Minnesota Administrative Rules
Agency 151 - Labor and Industry Department
Chapter 5224 - INDEPENDENT CONTRACTOR
Part 5224.0050 - BULK OIL PLANT OPERATORS
Universal Citation: MN Rules 5224.0050
Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1. Definition.
A bulk plant operator is an individual who:
A. distributes the products of firms engaged
in the oil business;
B. receives
the oil products from the firm with which he or she contracts and delivers them
to the retailers in his or her territory; and
C. collects money for the products from
customers and forwards it to the firm.
Subp. 2. Independent contractor.
A bulk oil plant operator is an independent contractor if all of the following criteria are substantially met.
A. The operator is in complete charge of the
entire plant.
B. The operator's
contract with an oil firm provides that the operator will:
(1) sell the firm's petroleum products on a
consignment basis and account for all money collected;
(2) sell the products within a general
territory at prices set by the firm;
(3) bear all expenses except freight on the
products consigned;
(4) furnish
trucks and other equipment; and
(5)
hire, pay, and assume full responsibility for all necessary
assistants.
C. The
operator advertises the firms' products at his or her own expense.
D. The operator fixes the hours and days the
plant remains open, and hires, pays, and controls the employees.
Subp. 3. Employee.
A bulk oil plant operator is an employee if all of the following criteria are substantially met.
A. The operator does not have an investment
in capital assets and is paid on a salary basis.
B. The operator is required to work fixed
hours or full time.
C. The operator
is included in the oil firm's employee benefits plans.
D. The operator is required to comply with
instructions given by the firm.
E.
The operator is not personally obligated to pay wages or does not assist in
paying the truck or plant maintenance expenses.
F. The operator is hired to manage the plant
on a salary basis under instructions on the method and manner of doing the
work.
Statutory Authority: MS s 176.041; 176.83
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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