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Charlotte, NC (WorkersCompensation.com) -- While commonsense might say what's employment and what isn't, plenty of court cases and interpretations of law have disputed just what exactly counts as "employment" for legal purposes. Thus it's not suprising that state statutes define the term. One of those states is North Carolina. So how does the Tar Heel state define "employment" and its related terms "employee" and "employer"? Here's a break down on the basics of what those words mean for workers' compensation purposes.
Employment
- The state and all political subdivisions thereof
- All public and quasi-public corporations
- All private employments in which three or more employees are regularly employed in the same business or establishment or in which one or more employees are employed in activities thaht involve the use or presence of radiation, except agriculture and domestic services, unless 10 or more full-time nonseasonal agricultural workers are regularly employed by the employer and an individual sawmill and logging operator with less than 10 employees, who saws and logs less than 60 days in any six consecutive months and whose principal business is unrelated to sawmilling or logging
Employees
- Every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer
- All officers and employees of the state
- Members of the North Carolina National Guard while on state active duty under orders of the governor
- members of the North Carolina State Defense Militia while on state active duty under orders of the governor
- Deputy sheriffs and all persons acting in the capacity of deputy sheriffs
Employer
- The state and all political subdivisions thereof
- All public and quasi-public corporations
- Every person carrying on any employment
- The legal representative of a deceased person or the receiver or trustee of any person
- The board of commissioners of each county of the state, is the "employer" of all deputy sheriffs serving within such county, or persons serving or performing the duties of a deputy sheriff, whether such persons are appointed by the sheriff or by the board of commissioners and whether serving on a fee basis or salary basis
Forms, email updates, legal, regulatory, and compliance information from North Carolina and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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