Page:United States Statutes at Large Volume 53 Part 2.djvu/910

 PUBLIC LAWS-CH. 666 -AUG. 10, 1939 catching or taking of salmon or halibut, for commercial pur- poses, and (B) service performed on or in connection with a vessel of more than ten net tons (determined in the manner pro- vided for determining the register tonnage of merchant vessels under the laws of the United States); or Individuals under "(15) Service performed by an individual under the age of age of 18 delivering . . . . . . newspapers, et e ighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. Included and ex- " (C) INCLUDED AND EXCLUDED SERVICE.-I f the services performed service during one-half or more of any pay period by an employee for the per- son employing him constitute employment, all the services of such employee for such period shall be deemed to be employment; but if the services performed during more than one-half of any such pay period by an employee for the person employing him do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this subsection the term 'pay period' means a period (of not more than thirty-one con - secutive days) for which a payment of remuneration is ordinarily made to the employee by the person employing him. This subsection shall not be applicable with respect to services performed in a pay period by an employee for the person employing him, where any of such service is excepted by paragraph (9) of subsection (b). "Employee. " "(d) EMPLOYEE. - The term 'employee' includes an officer of a cor- poration. "State." "(e) STATE.- The term 'State' includes Alaska, Hawaii, and the District of Columbia. "Person." "(f) PERSON. -T he term 'person' means an individual, a trust or estatea partnership, or a corporation. "Americanvessel." "(g) AMERICAN VESSEL. - The term 'American vessel' means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State. laboricultural "(h) AGRICUITURAL LABOR. -T he term 'agricultural labor' includes all services performed- "(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or har- vesting any agricultural or horticultural commodity, including the raising, shearing, feeding caring for, training, and manage- ment of livestock, bees, poultry, and fur-bearing animals and wildlife. "(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, con- servation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm. "(3) In connection with the production or harvesting of maple sirup or maple sugar or any commodity defined as an agricul- 12u.s .c .1141j(g. tural commodity in section 15 (g) of the Agricultural Marketing Act, as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purpoes. [53 STAT.

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