§ 28-42-11 — § 28-42-11. Employees of agents and contractors of employing units.

§ 28-42-11. Employees of agents and contractors of employing units.

(a) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work that is part of its usual trade, occupation, profession, or business, unless the employing unit, as well as each contractor or subcontractor, is an employer by reason of § 28-42-3(16), the employing unit shall for all the purposes of chapters 42 — 44 of this title be deemed to employ each individual in the employ of each contractor or subcontractor for each day during which that individual is engaged in performing that work; except that each contractor who is an employer by reason of § 28-42-3(16) shall alone be liable for contributions measured by wages paid to individuals in his or her employ, and except that any employing unit who or that becomes liable for and pays contributions with respect to individuals in the employ of any contractor or subcontractor who or that is not an employer by reason of § 28-42-3(16), may recover the contributions from that contractor or subcontractor.

(b) Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by that employing unit for all the purposes of chapters 42 — 44 of this title, whether that individual was hired or paid directly by that employing unit or by that agent or employee, provided the employing unit had actual or constructive knowledge of the work.

Legislative History

P.L. 1936, ch. 2333, § 3; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 3; P.L. 1939, ch. 659, § 2; P.L. 1939, ch. 670, § 1; P.L. 1940, ch. 812, § 1; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-42-11.