Effective - 28 Aug 1977, 2 histories
288.080. Employer, when subject to law — election of coverage — termination. — 1. Except as provided in subsection 3, any individual, type of organization or employing unit which is or becomes an employer subject to this law within any calendar year shall be subject to this law during the whole of such calendar year.
2. Except as otherwise provided in subsection 3
(1) An employing unit which became a liable employer under any of the provisions of section 288.032 shall cease to be an employer as of the first day of January of any calendar year, if it files with the division, on or before the tenth day of February of such year, a written application for termination of coverage, and the division makes a determination that during the preceding calendar year the employing unit did not have a sufficient number of workers in employment and did not pay sufficient wages for services in employment to meet any of the conditions for establishing liability as an employer as set out in section 288.032. Notwithstanding the above set out time limit for the filing of an application, any employing unit not having knowledge of its liability as an employer subject to the law for a prior year shall cease to be an employer as of the first day of January of any later calendar year, if it files with the division within ninety days after it was notified of its liability, a written application for termination of coverage, and the division makes a determination that the employing unit meets the requirements of this subsection for the year preceding the year for which termination of coverage is requested.
3. (1) Any individual, type of organization or employing unit, not otherwise subject to this law, which files with the division its written election to become a subject employer for not less than two calendar years, shall, with the written approval of such election by the division, become an employer to the same extent as all other employers, as of the date stated in such approval.
(2) Any employing unit for which services that do not constitute employment are performed may file with the division a written election that all such services with respect to which payments are not required under an unemployment insurance law of any other state or of the federal government shall be deemed to constitute employment for all the purposes of this law for not less than two calendar years. Upon the written approval of such election by the division such services shall be deemed to constitute employment from and after the date stated in such approval. Such services shall cease to be deemed employment as of January first of any calendar year subsequent to such two calendar years only if the employing unit files with the* division on or before the tenth day of February of such year, a written application for termination of such coverage.
4. The division may at any time on its own initiative terminate the status of any individual, type of organization or employing unit as an employer subject to this law, which is an employer pursuant to an approved election, and the division may likewise terminate the status of any employing unit as an employer subject to this law when satisfied that such employer has had no individuals in employment at any time during the two preceding calendar years.
5. Any employer whose liability under this law is terminated shall notify all individuals performing services for him of such termination, shall for a period of ninety days thereafter keep notice thereof conspicuously posted, and shall for a period of five calendar quarters after such termination supply to his workers copies of any printed statements relating to claims for benefits when and as the division may by regulations prescribe.
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(L. 1951 p. 564, A.L. 1957 p. 531, A.L. 1972 S.B. 474, A.L. 1977 H.B. 707)
*Word "the" does not appear.
Structure 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 288.036 - Wages defined — state taxable wage base.
Section 288.036 - Wages defined — state taxable wage base.
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 288.051 - Temporary employees, defined, deemed to have voluntarily quit employment, when.
Section 288.070 - Claims for benefits — procedure — payment pending appeal.
Section 288.080 - Employer, when subject to law — election of coverage — termination.
Section 288.100 - Experience rating — employer accounts, credits and charges.
Section 288.102 - Rules, procedures.
Section 288.113 - Employer's rate, how determined.
Section 288.124 - Average annual payroll defined.
Section 288.125 - Voluntary payments by employer.
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 288.180 - Compromise of delinquent contributions.
Section 288.200 - Appeals to labor and industrial relations commission.
Section 288.225 - Group insurance for employees of division.
Section 288.240 - Papers, deemed filed, when.
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 288.300 - Unemployment compensation administration fund, administration and disbursement.
Section 288.320 - Federal funds, how used — reimbursement, when authorized.
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 288.382 - 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 288.501 - Extension of benefits — alternate base period defined — use of federal moneys.