Subpart 1.
Definition.
An artisan is a person who has been trained in a mechanical art
or trade. The particular skill necessary in the work is acquired by attending a
technical college, serving an apprenticeship, or by working as a handyman or
helper and learning the trade informally.
Artisans include bricklayers, blocklayers, cable installers,
carpenters, electricians, roofers, siders, painters, plasterers, paperhangers,
tapers, joiners, plumbers, and steamfitters.
Subp. 2.
Independent contractor.
An artisan is an independent contractor and not an employee if
all of the following criteria are substantially met.
A. The artisan is responsible for the final
result, is free to choose the means and methods for accomplishing the result,
and is not required to conform to fixed hours.
B. The artisan is free to select others to
assist in performing the job.
C.
The artisan has the opportunity of making a profit or suffering a loss and is
not guaranteed a minimum income.
D.
The artisan has business expenses beyond the furnishing of tools, such as
scaffolding, ladders, trucks, equipment, and advertising.
E. The artisan has a substantial investment
in facilities or equipment.
F. The
artisan holds himself or herself out to the public as being available to
perform services for others.
G.
Payment for the work is on a job basis for a complete job rather than a time
basis.
H. The artisan agrees to
provide lien waivers upon completion of the job.
Subp. 3.
Employee.
An artisan is an employee if all of the following criteria are
substantially met.
A. The artisan is
hired to do the work personally and any helpers are hired, paid, and subject to
control by the purchaser of the artisan's services.
B. Work is during fixed hours established by
the purchaser and on a full-time basis.
C. The artisan is paid on an hourly, weekly,
or similar rate that is independent of the amount of work completed.
D. The artisan has no substantial investment
in facilities or equipment for doing the work.
E. Materials and equipment other than hand
tools are supplied by the purchaser of the artisan's services.
F. The artisan will not incur a loss or
realize a profit by exercising independent judgment in hiring helpers,
selecting the materials used, determining methods of work, or similar
matters.
G. If the artisan does not
complete the job, the artisan is not responsible for damages for noncompletion
or for obtaining a replacement to complete the job.
Subp. 4.
Cooperatives.
An artisan who is a member of a labor cooperative or similar
job sharing entity is an employee of the cooperative or entity if the artisan's
investment in the cooperative is less than 15 percent and advance payments
based on hours of work are made by the cooperative prior to completion of the
job.
