Page:Federal Register, Vol. 1, No. 2.pdf/2

18 Published by the Division of the, The National Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. L. 500), under regulations prescribed by the Administration Committee, with the approval of the President.

The Administrative Committee consists of the Archivist or Acting Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.

The daily issue of the will be furnished by mail to subscribers, free of postage, for $1 per month or $10 per year; single copies 5 cents; payable in advance. Remit by money order payable to Superintendent of Documents, Government Printing Office, Washington, D. C.

Correspondence concerning the publication of the should be addressed to the Director, Division of the, The National Archives, Washington, D. C.

Department of Agriculture:

Notice of hearing respecting proposed amendments to order regulating handling of oranges and grapefruit grown in California and Arizona Order allotting sugar quota for Puerto Rico Interstate Commerce Commission: Notice of Hearings concerning increases in freight rates and charges, 1935 Notice to certain motor carriers respecting the agency method of publishing tariffs Notice to certain motor carriers respecting the filing of tariffs Securities and Exchange Commission: Order approving acquisition of assets by the Montana-Dakota Utilities Company Order fixing date for declaration of Montana-Dakota Utilities Company to become effective Rule AN20.—Temporary exemption from sections 12 (a) and 7 (c) (2) of certain securities evidenced by the same instrument as a listed security; prohibition of use of manipulative or deceptive devices or contrivances with respect thereto Rule governing the filing of interim reports Stop Order in the matter of the Snow Point Mining Company, Inc Treasury Department: Bureau of Internal Revenue— Regulations 93 relating to the carriers’, employees’, and employees’ representatives’ tax under Act approved August 29, 1935 United States Board of Tax Appeals: Amendment to rules of practice concerning the taking of depositions upon written interrogatories

ity to supervise and direct the manner of rendition of his service, for which service he receives compensation.

(e) The term "effective date" means March 1, 1936.

(f) The term "enactment" means the date on which this Act may be approved by the President or finally passed.

3. Definitions of "employee".—When used in these regulations, the term employee means a person who at any time after August 28, 1935, performs services for a carrier in an employment as defined in article 4. However, the relationship between the person who performs such services and the carrier must, as to those services, be the legal relationship of employer and employee. The words "employ", "employer", and "employee" are to be taken in their ordinary meaning. In any doubtful case, the question of whether such relationship exists will be determined upon examination of the facts.

An individual in the employ of a carrier, and the relationship of the employer and employee exists, if he is subject to the continuing authority of the carrier to supervise and direct the manner of rendition of his services and if he receives remuneration for such services. An employee as such is subject to the will and control of the carrier not only as to what shall be done but how it shall be done. It is not necessary that the carrier actually direct or control the manner in which the services are performed; it is sufficient if the carrier has the right to do so. The right to discharge an individual is also an important factor indicating that the carrier possessing that right is an employer and the individual who performs the services. In general, if an individual is subject to the control or direction of a carrier merely as to the result to be accomplished by the work and not as to the means and methods for accomplishing the result, he is an independent contractor. An individual performing services as an independent contractor is not as to such services as an employee.

Generally, an individual performing services as a physician, lawyer, dentist, veterinarian, contractor, subcontractor, public stenographer, or auctioneer, who follows an independent profession, trade, or business in which he offers his services to the public, in an independent contractor. Such individual, however, may be an employee, and in any doubtful case the determination will be made as provided in this article.

If the relationship of employer and employee exists, the designation or description of the relationship by the parties as anything other than that of employer and employee is immaterial. Thus, if such relationship exists, it is of no consequence that the employee is designated as a partner, co-adventurer, agent, or independent contractor. If such relationship exists, the fact that services are performed on a part-time basis is immaterial. The measurement, method, or designation of remuneration is immaterial if the individual is in fact an employee. The age of the individual is immaterial. The place where the contract for services is entered into and the citizenship or residence of the individual are immaterial.

The Act makes no distinction between classes or grades of employees. Thus, superintendents, managers, and other superior employees are employees within the meaning of the term. An officer of a corporation is an employee of the corporation, but a director, as such, is not. A director may be an employee of the corporation, however, if he performs services for the corporation other than those required by attendance at and participation in meetings of the board of directors.

4. Definition of "employment."—When used in these regulations the term "employment" means service of whatever nature (whether in interstate, intrastate, or foreign commerce) performed by an employee for a carrier after August 28, 1935.

5. Definition of "representative."—When used in these regulations, the term representative means an individual whose duties after August 28, 1935, as a duly elected or designated officer, or other official of an employee organization include representative unless (or until), while in the employ of a carrier or immediately thereafter, he engaged (or engages) in representing employees.

An individual need not be exclusively engaged in so representing employees in order to be a representative. If is sufficient if his duties include such representative service. The age of the individual is immaterial. The length of the period of service as a representative is immaterial. The services may be on a part-time bases.

An individual who is a representative and who is also employed by a carrier or other person or otherwise engaged is a representative only with respect to services performed as an officer or other official representative of the employee organization.

(d) The term "compensation" means any form of money remuneration for active service, received by an employee from a carrier, including salaries and commissions, but shall not include free transportation nor any payment received on account of sickness, disability, or other form of personal relief.