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Terms Used In Vermont Statutes Title 21 Sec. 341

  • Commissioner: means the Commissioner of Labor or designee. See
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Labor. See
  • Employee: means a person who has entered into the employment of an employer, where the employer is unable to show that:

  • Employer: means any person having employees in his or her service. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See

§ 341. Definitions

As used in this subchapter:

(1) “Employee” means a person who has entered into the employment of an employer, where the employer is unable to show that:

(A) the individual has been and will continue to be free from control or direction over the performance of such services, both under the contract of service and in fact; and

(B) the service is either outside all the usual course of business for which such service is performed, or outside all the places of business of the enterprise for which such service is performed; and

(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business.

(2) “Employer” means any person having employees in his or her service.

(3) “Commissioner” means the Commissioner of Labor or designee.

(4) “Department” means the Department of Labor.

(5) “Wages” means all remuneration payable for services rendered by an employee, including salary, commissions, and incentive pay. (Amended 1963, No. 198, § 1; 1995, No. 184 (Act. Sess.), § 3; 2013, No. 15, § 1.)