Section 285.525

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 285

Effective - 01 Jan 2009, see footnote   

  285.525.  Definitions. — As used in sections 285.525 to 285.550, the following terms shall have the following meanings:

  (1)  "Business entity", any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood.  The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors.  The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit.  The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034;

  (2)  "Contractor", a person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration.  This definition shall include but not be limited to a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity;

  (3)  "Employee", any person performing work or service of any kind or character for hire within the state of Missouri;

  (4)  "Employer", any person or entity employing any person for hire within the state of Missouri, including a public employer.  Where there are two or more putative employers, any person or entity taking a business tax deduction for the employee in question shall be considered an employer of that person for purposes of sections 285.525 to 285.550;

  (5)  "Employment", the act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the state of Missouri;

  (6)  "Federal work authorization program", any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L.99-603;

  (7)  "Knowingly", a person acts knowingly or with knowledge:

  (a)  With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or

  (b)  With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result;

  (8)  "Political subdivision", any agency or unit of this state which now is, or hereafter shall be, authorized to levy taxes or empowered to cause taxes to be levied;

  (9)  "Public employer", every department, agency, or instrumentality of the state or political subdivision of the state;

  (10)  "Unauthorized alien", an alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3);

  (11)  "Work", any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities.

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(L. 2008 H.B. 1549, et al.)

Effective 1-01-09