Washington Code 50.04.116 – Employment — Out-of-state service, when included — “American employer” defined
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The term “employment” shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada, and in the case of the Virgin Islands after December 31, 1971 and prior to January 1 of the year following the year in which the United States secretary of labor approves the unemployment compensation law of the Virgin Islands under section 3304(a) of the Internal Revenue Code of 1954) in the employ of an American employer (other than service which is deemed “employment” under the provisions of RCW 50.04.110 or 50.04.120 or the parallel provisions of another state’s law), if:
Terms Used In Washington Code 50.04.116
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(1) The employer’s principal place of business in the United States is located in this state; or
(2) The employer has no place of business in the United States but:
(a) The employer is an individual who is a resident of this state; or
(b) The employer is a corporation which is organized under the laws of this state; or
(c) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(3) None of the criteria in subsections (1) and (2) of this section is met but the employer has elected coverage in this state, or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the laws of this state.
(4) An “American employer”, for the purposes of this section, means a person who is:
(a) An individual who is a resident of the United States; or
(b) A partnership if two-thirds or more of the partners are residents of the United States; or
(c) A trust, if all of the trustees are residents of the United States; or
(d) A corporation organized under the laws of the United States or of any state.
NOTES:
Effective dates—1977 ex.s. c 292: “This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That sections 6, 12, 14, 15, 16, and 18 of this 1977 amendatory act shall take effect on January 1, 1978.” [ 1977 ex.s. c 292 § 28.]
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.