8-70-136. Employment does not include - brokers.
 
 (1) "Employment" does not include services performed by an individual as a licensed real estate broker or as a direct seller engaged in the trade or business of selling, or soliciting the sale of, a consumer product in a home or in an establishment other than a permanent retail establishment or as an individual engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business if:
  (a) All the remuneration, whether or not paid in cash, for the performance of such services is directly related to sales or other output, including the performance of services, instead of the number of hours worked; and
  (b) The services are performed pursuant to a written contract between such person and the person for whom the services are performed and if such contract provides that the person shall not be treated as an employee with respect to such services for federal tax purposes.

History: Source: L. 90:Entire section added, p. 597, § 3, effective April 3. L. 98:IP(1) amended, p. 69, § 3, effective March 23. L. 2008:IP(1) amended, p. 511, § 30, effective April 17.