independent trade, business, or profession, in which they offer their services to the
public, are not employees.
(5) Whether the relationship of employer and employee exists shall, in doubtful
cases, be determined upon an examination of the particular facts of each case.
(6) 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 in immaterial. For example, it is of no consequence that the
employee is designated as a partner, coadventurer, agent, independent contractor, or
the like.
(7) All classes or grades of employees are included within the relationship
of employer and employee. Thus, superintendents, managers, and other supervisory
personnel are employees. Generally, an officer of a corporation is an employee of the
corporation. However, an officer of a corporation who as such does not perform any
services, or performs only minor services, and who neither receives nor is entitled
to receive, directly or indirectly, any remuneration, is not considered to be an
employee of the corporation. A director of a corporation in his capacity as
a director is not an employee of the corporation.
(8) The term "employee" includes every individual who receives
supplemental unemployment compensation benefit, which is treated as wages.
a
History: 1979 AC.
R 206.3 Employer.
Rule 3. (1) The term "employer" is defined in section 8(3) of Act No. 281 of
the Public Acts of 1967, as amended, being S206.8(3) of the Michigan Compiled
Laws.
(2) The term "employer" means any person for whom an individual performs or
performed any service, of whatever nature, as the employee of such person.
(3) It is not necessary that the services be continuing at the time the wages are
paid in order that the status of employer exist. Thus, for purposes of withholding, a
person for whom an individual has performed past services for which he is still
receiving wages from such person is an employer.
(4) An employer may be an individual, a corporation, a partnership, a trust, an
estate, a joint-stock company, an association, or
a
syndicate, group, pool, joint
venture, or other unincorporated organization, group, or entity. A trust or estate, rather
than the fiduciary acting for, or on behalf of, the trust or estate, is generally the
employer.
(5) The term "employer" embraces not only individuals and
organizations
engaged in a trade or business, but also organizations exempt from income tax, such
as religious and charitable organizations, educational institutions, clubs, social
organizations and societies, as well as the governments of the United States, the
states, territories, Puerto Rico, and the District of Columbia, including their
agencies, instrumentalities, and political subdivisions.
(6) The term "employer" also means any person paying wages on behalf of a
nonresident alien individual, foreign partnership, or foreign corporation, not
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