Page:United States Statutes at Large Volume 49 Part 1.djvu/991

 946 74TH CONGRESS. SESS. I. CH. 794. A UGUST 28, 1935 . [CHAPTER 794 .] August 28,1935. AN ACT [a .R. 7167.] To provide for unemployment compensation in the District of Columbia, author- [Public, No. 386 .] ize appropriations, and for other purposes. District of Columbia Unemployment Com- pensation Act. Definitions. "Employer." "Employment ." Post, p. 1138. Vol. 41,p.614; Vol. 46, p. 468; U. S. C., p.91. "Wages . " "wee kly wage . " Be it enacted by the Senate and House o f Representatives of the United States o f America in Congress assembled, DEF INI TIO NS SECtiON 1. As used in this Act, unless the context indicates other- wise- (a) The term "employer" means the District, and every individ- ual and type of organization for whom services are performed under a contract of employment. (b) The te rm "employment " mean s any serv ice, of wh atever nature, including employment in interstate commerce, performed after December 31, 1935, within the United States, by any individual under any contract of hire, oral or written, express or implied, so long as the grea ter part, as determi ned by the Board und er regula- tions prescribed by it, of the service performed under such contract is performed wit hin the District, ex cept- (1) domestic service in a private home ; (2) casual labor not in the course of the employer's trade or business ; (3) service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother ; (4) service performed in the employ of the United States Gov- ernment or of an instrumentality of the United States ; (5) service performed in the employ of a Senator, Representa- tive, Delegate, or Resident Commissioner, insofar as such service direct ly ass ists hi m in ca rrying out hi s legis lative duties ; a n d (6) service performed in the employ of the District as a school officer or teacher, or as a member of the police or fire department, or by an individual who is subject to the Act entitled "An Act for the retirement of employees in the classified Civil Service, and for other purposes", approved May 22, 1920, as amended. (c) The term " wages " means all remuneration for employment, including th e cash value, as det ermined by the Board under regula- tions prescribed by it, of all remuneration paid in any medium other than cash. Whenever gratuities are received by an individual in the course of his employment from persons other than his employer, the Board, under regulations prescribed by it, shall determine the aver- age amount of such gratuities generally received by individuals per- forming services of that nature, and the amount so determined shall, for the purpose of the contributions required and the benefits pro- vided under this Act, be included as a part of the wages of 'such individual. (d) The phrase " weekly wage " as applied to any individual who has been engaged in employment for at least thirty hours in each of twenty-six or more weeks within the period of one hundred and four weeks ending with the we ek in which suc h ind iv idu al was last engaged in emp loym ent, means the sum obtained by d ivid ing the total of the wages earned in all the weeks within such period in which he was engaged in employment at least thirty hours by the nu mber of such weeks ; and, as applied to any individual who has not been engaged in employment for at least thirty hours in each of twenty-six or more weeks within such period of one hundred and four weeks, means the sum obtained by dividing the total of the