Missouri Revised Statutes
Chapter 288 - Employment Security
Section 288.035 - Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Effective - 28 Aug 2017, 2 histories
288.035. Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception. — Notwithstanding the provisions of section 288.034, in the case of an individual who is the owner, as defined in section 301.010, and operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section 390.020 or 390.041, or operating under a certificate issued by the Missouri department of transportation or by the United States Department of Transportation or any of its subagencies, such owner/operator shall not be deemed to be an employee, provided, however, such individual owner and operator shall be deemed to be in employment if the for-hire common or contract vehicle carrier is an organization described in Section 501(c)(3) of the Internal Revenue Code or any governmental entity.
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(L. 1985 H.B. 157 § 2, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 288 - Employment Security

Section 288.010 - Title of law.

Section 288.020 - Public policy declared — construction of law.

Section 288.030 - Definitions — calculation of Missouri average annual wage.

Section 288.032 - Employer defined, exceptions.

Section 288.034 - Employment defined.

Section 288.035 - Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.037 - Indian tribes considered employers for purposes of unemployment compensation payments, when — definitions — requirements.

Section 288.038 - Maximum weekly benefit amount defined.

Section 288.040 - Eligibility for benefits — exceptions — report, contents.

Section 288.041 - Employer to provide notice of ineligibility for unemployment benefits, when.

Section 288.042 - War on terror veterans, defined — eligible for benefits — time period — penalty — offer of similar wages — fund — rulemaking authority.

Section 288.045 - Misconduct connected with the claimant's work, when — controlled substance and blood alcohol content levels — notice — tests conducted, when — violation, penalty — preemployment testing — testing provision not to apply, when — speci...

Section 288.046 - General assembly's intent to abrogate certain case law — determining misconduct, evidence of impairment.

Section 288.050 - Benefits denied unemployed workers, when — pregnancy, requirements for benefit eligibility.

Section 288.051 - Temporary employees, defined, deemed to have voluntarily quit employment, when.

Section 288.055 - Retraining programs, eligibility to receive benefits while in program, requirements.

Section 288.060 - Benefits, how paid — wage credits — limitation on duration of benefits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duti...

Section 288.060 - Benefits, how paid -- wage credits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duties.

Section 288.062 - "On" and "Off" indicators, state and national, how determined — extended benefits, defined — amount and how computed.

Section 288.070 - Claims for benefits — procedure — payment pending appeal.

Section 288.080 - Employer, when subject to law — election of coverage — termination.

Section 288.090 - Contributions required, when — payments in lieu of contributions, procedures — common paymaster arrangements.

Section 288.100 - Experience rating — employer accounts, credits and charges.

Section 288.102 - Rules, procedures.

Section 288.110 - Transfer of employer accounts — successor employer liabilities — unemployment experience, how treated — penalties — definitions.

Section 288.113 - Employer's rate, how determined.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate — overpayments, time limit for appeal.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate.

Section 288.121 - Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table — effective, when.

Section 288.124 - Average annual payroll defined.

Section 288.125 - Voluntary payments by employer.

Section 288.126 - Ineligibility for rate calculation, rate used, positive and negative experience rate account balances.

Section 288.128 - Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge.

Section 288.130 - Employer records — form of report — benefit information — liability determination — final when — extension of time period for cause — reconsideration, when.

Section 288.132 - Unemployment automation fund created, use of moneys.

Section 288.133 - Unemployment automation adjustment, amount — reductions, when.

Section 288.140 - Contribution adjustments or refunds.

Section 288.150 - Unpaid contributions, interest rate due, abatement during extensions — exceptions.

Section 288.160 - Assessment of delinquent contributions — limitations — refusal to file, penalty.

Section 288.170 - Collection of delinquent contributions.

Section 288.175 - Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized.

Section 288.180 - Compromise of delinquent contributions.

Section 288.190 - Administrative appeals on disputed determinations — party subject to appeal decision, right to counsel.

Section 288.200 - Appeals to labor and industrial relations commission.

Section 288.210 - Judicial review of decisions of industrial commission, grounds — division to be a party, when.

Section 288.215 - Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings.

Section 288.220 - Administration of law — director — state unemployment insurance operation — rules and regulations.

Section 288.222 - Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program.

Section 288.225 - Group insurance for employees of division.

Section 288.230 - Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect.

Section 288.240 - Papers, deemed filed, when.

Section 288.245 - Records of division constitute evidence of date of mailing or electronic transmission.

Section 288.247 - Electronic document transmission and filing requirements — investigations of protested issues and fraud, appeals decided.

Section 288.250 - Records confidential — privileged communications — violation, penalty.

Section 288.251 - Cooperation with not-for-profit agencies authorized.

Section 288.260 - Annual report.

Section 288.290 - Unemployment compensation fund, established — administration, deposit of funds — purposes — erroneous collection of interest or penalties.

Section 288.300 - Unemployment compensation administration fund, administration and disbursement.

Section 288.310 - Special employment security fund — use of funds — amounts transferred between funds, when.

Section 288.320 - Federal funds, how used — reimbursement, when authorized.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.340 - Cooperation with federal government and sister states.

Section 288.345 - Division may participate in federal comprehensive manpower programs.

Section 288.350 - Effect of amendments to related federal law.

Section 288.360 - Records of division — reproduction, destruction, copies.

Section 288.370 - Law does not confer vested rights.

Section 288.375 - Discharge for testifying prohibited, civil action for damages, statute of limitations.

Section 288.379 - Notice given to filer of claim, taxation of benefits — deducted amounts remain in trust fund until transference — division to follow procedures — order in which amounts are deducted.

Section 288.380 - Void agreements — offenses, penalties — deductions of support obligations and uncollected overissuance of food stamps — offset for overpayment of benefits by other states, when — definitions.

Section 288.381 - Collection of benefits paid when claimant later determined ineligible or awarded back pay — violation, damages.

Section 288.382 - Uncollectible benefit overpayments, how determined.

Section 288.390 - State to comply with minimum standards prescribed by federal law.

Section 288.395 - Fraud or misrepresentation, penalties.

Section 288.398 - Contracts with consumer reporting agencies authorized — information limited — privacy rules apply — written consent, contents — use of information limited, verified by consumer reporting agency — confidentiality safeguards required...

Section 288.500 - Shared work program created — definitions — plan, requirements — plan denied, submission of new plan, when — contribution by employer, how computed — benefits — severability clause.

Section 288.501 - Extension of benefits — alternate base period defined — use of federal moneys.