R.C.S.A. § 31-222-6
Employers becoming subject who were not previously subject
Cite as Conn. Agencies Regs. § 31-222-6
(a) An employer, upon becoming subject to the unemployment compensation act under the
provision of section 31-223 of the general statutes, shall give written notice to
the administrator within fifteen days. For the purpose of determining whether an employer
is subject to the act, all employees shall be counted regardless of the length of
time employed, the amount of compensation or the basis of compensation. The rank or
title of an employee is immaterial, but directors of a corporation are not employees
of such corporation if the services which they render are united to attendance at
and participation in meetings of the board of directors. Officers of a corporation
who receive any remuneration or whose personal accounts are credited shall be counted
as employees during each week of the calendar year.
(b) In determining whether a particular number of individuals is employed during a particular
number of weeks, it is immaterial whether the same individuals are employed during
each of such weeks. The phrase "at the same time" means during the same calendar week.
(c) In determining what constitutes "substantially all of the assets, organization, trade
or business of another employer," the administrator shall be guided in his determination
by the ordinary rules of commercial practice, the terms of the contract of sale, the
disposition of the good will of the business and such other factors as may be relevant.
The prime question is whether the acquisition resulted in a substantial continuation
of the same or a like business.
(d) In determining whether or not a business was, at a given time, owned or controlled,
directly or indirectly, by the same interests which owned or controlled the business
of the employer in question, the administrator shall be guided by the terms of partnership
agreements, trust indentures, corporate stock records, contracts and such other evidences
of ownership or control as are necessary for a determination of the facts. Each employer
contracting with or having under him any contractor or subcontractor who is not subject
to the provisions of the act shall keep records of the amounts of the wages paid to
the individual employees of such contractor or subcontractor and shall pay contributions
with respect to such wages. Such contractors and subcontractors shall make the necessary
information available to the employer. An owner of premises shall be considered to
be an employer if he engages one or more contractors or subcontractors.