A. "Employment" means:
1. Any service including service in interstate commerce, performed for remuneration or under any contract of hire, written or oral, express or implied; and
2. Any service, of whatever nature, performed by an individual for any employing unit, for remuneration or under any contract of hire, written or oral, and irrespective of citizenship or residence of either,
a. Within the United States, or
b. On or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the individual is employed on the vessel or aircraft it touches at a port in the United States, if such individual performs such services on or in connection with such vessel or aircraft when outside the United States, provided that the operating office, from which the operations of the vessel or aircraft are ordinarily and regularly supervised, managed, directed or controlled, is within the Commonwealth.
B. Notwithstanding subdivision 2 b of subsection A of this section, "employment" means all service performed by an officer or member of the crew of an American vessel on or in connection with such vessel, if the operating office from which the operations of such vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled is within the Commonwealth.
C. Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless the Commission determines that such individual is not an employee for purposes of the Federal Insurance Contributions Act and the Federal Unemployment Tax Act, based upon an application of the standard used by the Internal Revenue Service for such determinations.
D. Notwithstanding the provisions of subsection C, an individual who performs services as a real estate salesperson, under direction of a real estate broker under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1, or as a real estate appraiser under Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 pursuant to an executed independent contractor agreement and for remuneration solely by way of commission or fee, shall not be an employee for purposes of this chapter.
E. Notwithstanding the provisions of subsection C, a hiring party providing an individual with personal protective equipment in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared pursuant to § 44-146.17 shall not be considered in any determination regarding whether such individual is an employee or independent contractor. For the purposes of this subsection, the terms "communicable disease of public health threat," "disaster," and "state of emergency" have the same meaning as provided in § 44-146.16.
Code 1950, § 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71; 1968, c. 738, § 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466, 660; 1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28, 369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc. 152, 254; 1986, c. 480; 1996, c. 244; 2005, c. 892; 2020, c. 1261; 2021, Sp. Sess. I, c. 448.
Notes of Decisions
Virginia Emp. Comm'n v. Porter-Blaine Corp., 497 S.E.2d 889 (Va. Ct. App. 1998).
· cites it 33× “The Virginia Employment Commission (“Commission” or “VEC”) appeals the circuit court’s orders (1) overruling its motion to dismiss Porter-Blaine Corporation’s petition for judicial review and (2) reversing its decision that the service performed for Porter-Blaine Corporation by…”
Bros. Constr. Co. v. Viriginia Emp. Comm'n, 494 S.E.2d 478 (Va. Ct. App. 1998).
· cites it 18× “, a letter containing findings of fact and a determination that individuals who installed siding for Brothers performed services for Brothers that constitute employment as defined in Code § 60.2-212. Brothers requested a hearing pursuant to Code § 60.”
Yard Bird, Inc. v. Virginia Emp. Comm'n, 503 S.E.2d 246 (Va. Ct. App. 1998).
· cites it 8× “Employment, in the context of unemployment compensation and taxation, is defined by Code § 60.2-212(0 as follows: Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless: 1.”
Virginia Emp. Comm'n v. Peninsula Emergency Physicians, Inc., 359 S.E.2d 552 (Va. Ct. App. 1987).
· cites it 2× “1-14(6) was reenacted effective January 1, 1987, as Code § 60.2-212(c). The law in effect at the time of this action provided: Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless: (a) Such individual has been and…”
Amazon Logistics, Inc. v. Virginia Emp. Comm'n (Va. Ct. App. 2023).
· cites it 27× “” After considering all the evidence and conducting a 20-factor analysis, the Commission affirmed the representative’s determination, finding that Diggs’s services constituted employment pursuant to Code § 60.2-212. The Commission further found that Amazon “must pay such…”
Amazon Logistics, Inc. v. Virginia Emp. Comm'n (Va. 2025).
· cites it 16× “The special examiner concluded that Amazon exerted control “over its Flex drivers” and “the services provided by the claimant, Ronald Diggs, constitutes employment within the contemplation of Section 60.2-212 . . . and [the IRS] 20-factor test.”
Yard Bird, Inc. v. Virginia Emp. Comm'n, 43 Va. Cir. 287 (Richmond County Cir. Ct. 1997).
· cites it 14× “The VEC determined that the services of bartenders, waitress», and exotic dancers performed for Petition» constitutes “employment” under §60.2-212 of the Unemployment Compensation Act, thereby requiring Petitioner to report their wages to the Commission.”
Bros. Constr. Co., Inc. v. VEC (Va. Ct. App. 1998).
· cites it 13× “, a letter containing findings of fact and a determination that individuals who installed siding for Brothers performed services for Brothers that constitute employment as defined in Code § 60.2-212. Brothers requested a hearing pursuant to Code § 60.”
Porter-Blaine Corp. v. Virginia Emp. Comm'n, 42 Va. Cir. 254 (Richmond County Cir. Ct. 1997).
· cites it 10× “Va. Code § 60.2-212(C). Once established, the burden shifts to the employer to show by a preponderance of the evidence that its “employees” fall within an exemption and are not covered under the Act.”
Cent. Delivery Serv. v. VEC (Va. Ct. App. 2001).
· cites it 6× “The VEC held that services performed by contract carrier courier drivers for Central Delivery constituted "employment" for which Central Delivery is liable for unemployment insurance taxes pursuant to Code § 60.2-212 and that their services were not exempt under Code § 60.”
— Va. Code Ann. § 60.2-212(0) — 1 case
Bros. Constr. Co. v. Viriginia Emp. Comm'n, 494 S.E.2d 478 (Va. Ct. App. 1998).
“, a letter containing findings of fact and a determination that individuals who installed siding for Brothers performed services for Brothers that constitute employment as defined in Code § 60.2-212. Brothers requested a hearing pursuant to Code § 60.”
— Va. Code Ann. § 60.2-212(0X1) — 1 case
Yard Bird, Inc. v. Virginia Emp. Comm'n, 43 Va. Cir. 287 (Richmond County Cir. Ct. 1997).
“The VEC determined that the services of bartenders, waitress», and exotic dancers performed for Petition» constitutes “employment” under §60.2-212 of the Unemployment Compensation Act, thereby requiring Petitioner to report their wages to the Commission.”
— Va. Code Ann. § 60.2-212(A) — 1 case
— Va. Code Ann. § 60.2-212(A)(1) — 2 cases
Yard Bird, Inc. v. Virginia Emp. Comm'n, 43 Va. Cir. 287 (Richmond County Cir. Ct. 1997).
“The VEC determined that the services of bartenders, waitress», and exotic dancers performed for Petition» constitutes “employment” under §60.2-212 of the Unemployment Compensation Act, thereby requiring Petitioner to report their wages to the Commission.”
— Va. Code Ann. § 60.2-212(A)(2) — 1 case
— Va. Code Ann. § 60.2-212(C) — 13 cases
Bros. Constr. Co. v. Viriginia Emp. Comm'n, 494 S.E.2d 478 (Va. Ct. App. 1998).
“, a letter containing findings of fact and a determination that individuals who installed siding for Brothers performed services for Brothers that constitute employment as defined in Code § 60.2-212. Brothers requested a hearing pursuant to Code § 60.”
Virginia Emp. Comm'n v. Porter-Blaine Corp., 497 S.E.2d 889 (Va. Ct. App. 1998).
“The Virginia Employment Commission (“Commission” or “VEC”) appeals the circuit court’s orders (1) overruling its motion to dismiss Porter-Blaine Corporation’s petition for judicial review and (2) reversing its decision that the service performed for Porter-Blaine Corporation by…”
Yard Bird, Inc. v. Virginia Emp. Comm'n, 503 S.E.2d 246 (Va. Ct. App. 1998).
“Employment, in the context of unemployment compensation and taxation, is defined by Code § 60.2-212(0 as follows: Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless: 1.”
Amazon Logistics, Inc. v. Virginia Emp. Comm'n (Va. Ct. App. 2023).
“” After considering all the evidence and conducting a 20-factor analysis, the Commission affirmed the representative’s determination, finding that Diggs’s services constituted employment pursuant to Code § 60.2-212. The Commission further found that Amazon “must pay such…”
— Va. Code Ann. § 60.2-212(C)(1) — 2 cases
Yard Bird, Inc. v. Virginia Emp. Comm'n, 43 Va. Cir. 287 (Richmond County Cir. Ct. 1997).
“The VEC determined that the services of bartenders, waitress», and exotic dancers performed for Petition» constitutes “employment” under §60.2-212 of the Unemployment Compensation Act, thereby requiring Petitioner to report their wages to the Commission.”
Porter-Blaine Corp. v. Virginia Emp. Comm'n, 42 Va. Cir. 254 (Richmond County Cir. Ct. 1997).
“Va. Code § 60.2-212(C). Once established, the burden shifts to the employer to show by a preponderance of the evidence that its “employees” fall within an exemption and are not covered under the Act.”
— Va. Code Ann. § 60.2-212(C)(2) — 7 cases
Virginia Emp. Comm'n v. Porter-Blaine Corp., 497 S.E.2d 889 (Va. Ct. App. 1998).
“The Virginia Employment Commission (“Commission” or “VEC”) appeals the circuit court’s orders (1) overruling its motion to dismiss Porter-Blaine Corporation’s petition for judicial review and (2) reversing its decision that the service performed for Porter-Blaine Corporation by…”
Bros. Constr. Co., Inc. v. VEC (Va. Ct. App. 1998).
“, a letter containing findings of fact and a determination that individuals who installed siding for Brothers performed services for Brothers that constitute employment as defined in Code § 60.2-212. Brothers requested a hearing pursuant to Code § 60.”
Yard Bird, Inc. v. Virginia Emp. Comm'n, 43 Va. Cir. 287 (Richmond County Cir. Ct. 1997).
“The VEC determined that the services of bartenders, waitress», and exotic dancers performed for Petition» constitutes “employment” under §60.2-212 of the Unemployment Compensation Act, thereby requiring Petitioner to report their wages to the Commission.”
— Va. Code Ann. § 60.2-212(C)(l) — 1 case
Porter-Blaine Corp. v. Virginia Emp. Comm'n, 42 Va. Cir. 254 (Richmond County Cir. Ct. 1997).
“Va. Code § 60.2-212(C). Once established, the burden shifts to the employer to show by a preponderance of the evidence that its “employees” fall within an exemption and are not covered under the Act.”
— Va. Code Ann. § 60.2-212(c) — 2 cases
Virginia Emp. Comm'n v. Peninsula Emergency Physicians, Inc., 359 S.E.2d 552 (Va. Ct. App. 1987).
“1-14(6) was reenacted effective January 1, 1987, as Code § 60.2-212(c). The law in effect at the time of this action provided: Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless: (a) Such individual has been and…”
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