§ 20-312b

A licensed real estate broker or real estate salesperson shall not be considered an employee under the provisions of section 31-275 if substantially all of the remuneration for the services performed by such broker or salesperson, whether paid in cash or otherwise, is directly related to sales or other output rather than to the number of hours worked, and such services are performed by the broker or salesperson pursuant to a written contract that contains the following provisions:(1) The broker or salesperson, for purposes of workers' compensation, is engaged as an independent contractor associated with the person for whom services are performed;(2) The broker or salesperson shall be paid a commission based on his gross sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output;(3) The broker or salesperson shall not receive any remuneration related to the number of hours worked and shall not be treated as an employee with respect to such services for purposes of workers' compensation;(4) The broker or salesperson shall be permitted to work any hours he chooses;(5) The broker or salesperson shall be permitted to work out of his

o such services for purposes of workers' compensation;(4) The broker or salesperson shall be permitted to work any hours he chooses;(5) The broker or salesperson shall be permitted to work out of his own home or the office of the person for whom services are performed;(6) The broker or salesperson shall be free to engage in outside employment;(7) The person for whom the services are performed may provide office facilities and supplies for the use of the broker or salesperson, but the broker or salesperson shall otherwise pay his own expenses, including, but not limited to, automobile, travel and entertainment expenses; and(8) The contract may be terminated by either party at any time upon notice given to the other.(P.A. 91-364; P.A. 93-354, S. 7, 54; P.A. 94-36, S. 41, 42; P.A. 96-200, S. 8.)*Note: On and after April 1, 2024, this section, as amended by section 10 of public act 23-84, is to read as follows:'Sec. 20-312b. Real estate licensees not deemed 'employees' under section 31-275. A real estate licensee shall not be considered an employee under the provisions of section 31-275 if substantially all of the remuneration for the services performed by such real estate licensee,

75. A real estate licensee shall not be considered an employee under the provisions of section 31-275 if substantially all of the remuneration for the services performed by such real estate licensee, whether paid in cash or otherwise, is directly related to sales or other output rather than to the number of hours worked, and such services are performed by the real estate licensee pursuant to a written contract that contains the following provisions:(1) The real estate licensee, for purposes of workers' compensation, is engaged as an independent contractor associated with the person for whom services are performed;(2) The real estate licensee shall be paid a commission based on such real estate licensee's gross sales or leases, if any, without deduction for taxes, which commission shall be directly related to sales, leases or other output;(3) The real estate licensee shall not receive any remuneration related to the number of hours worked and shall not be treated as an employee with respect to such services for purposes of workers' compensation;(4) The real estate licensee shall be permitted to work any hours such real estate licensee chooses;(5) The real estate licensee shall be

espect to such services for purposes of workers' compensation;(4) The real estate licensee shall be permitted to work any hours such real estate licensee chooses;(5) The real estate licensee shall be permitted to work out of such real estate licensee's own home or the office of the person for whom services are performed;(6) The real estate licensee shall be free to engage in outside employment;(7) The person for whom the services are performed may provide office facilities and supplies for the use of the real estate licensee, but such real estate licensee shall otherwise pay such real estate licensee's own expenses, including, but not limited to, automobile, travel and entertainment expenses; and(8) The contract may be terminated by either party to such contract at any time upon notice given to the other party to such contract.'(P.A. 91-364; P.A. 93-354, S. 7, 54; P.A. 94-36, S. 41, 42; P.A. 96-200, S. 8; P.A. 23-84, S. 10.)History: P.A. 93-354 deleted references to real estate appraisers throughout section, effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A.

54 deleted references to real estate appraisers throughout section, effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 96-200 substituted 'salesperson' for 'salesman'; P.A. 23-84 substituted references to 'real estate licensee' for references to 'real estate broker or real estate salesperson' throughout, added provisions re leases in Subdiv. (2), and made technical and conforming changes throughout, effective April 1, 2024.