21 NCAC 18B .0306          BONA FIDE EMPLOYEE

(a)  For the exemption for electrical work done as a bona fide employee of a license under G.S. 87‑43.1(3), the following conditions must be met:

(1)           The restrictions of the employing licensee's license apply to any employee of the licensee.

(2)           The employing licensee shall have control and direction of the details, methods and manner of performing the electrical work being done by the employee.  The manner of payment, if any, to the person shall not be the sole determining factor concerning whether the person is an employee.

(3)           The electrical work shall be performed under the supervision and direction of a listed qualified individual who is the employing licensee, or under the supervision and direction of a listed qualified individual regularly employed by the employing licensee.

(b)  The employing licensee, the employee, and every listed qualified individual of the licensee shall furnish any information the Board may require, including affidavits, to evaluate and determine a claim of employee exemption.

(c)  When the information furnished to the Board does not substantiate compliance with this Rule, the individual shall be deemed to be an independent contractor rather than an employee and shall be subject to G.S. Chapter 87, Article 4.

History Note:        Authority G.S. 87‑42;

Eff. October 1, 1988;

Amended Eff. April 1, 1993; February 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.