R994-205-201. Included and Excluded Service

(1) When a worker performs both included and excluded services for an employer during a pay period, all the services are considered to be included or excluded for that pay period, depending on the time spent in each activity, as provided in Subsection 35A-4-205(2). A worker could have all services included in covered employment during one period and excluded in another. (2) Employer Must Verify Time Spent. To have all services performed by a worker excluded from covered employment, the employer must show to the satisfaction of the Department that less than 50% of the time spent in any pay period is for services that constitute employment. (3) Pay Period. Subsection 35A-4-205(2) does not apply if there is no regular pay period, the pay period covers more than 31 consecutive days, or there are separate pay periods for the included and excluded services.