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MN 400.00 Exempt Services

Click on the case numbers below to access decisions where the unemployment statute does not allow the claimant’s wages to be counted for purposes of monetary eligibility for benefits.

0031 2640 76

0031 2640 76 (Oct. 22, 2021) The employer, a community education center, was founded by an order of Catholic nuns.  However, the employer’s leadership was not affiliated with the order and its bylaws precluded the order from exercising any supervisory authority over the center’s operations. Additionally, the employer had received the vast majority of its funding from government grants for the past six years. As the employer was not controlled or funded by a religious organization, the claimant’s services to the employer were not exempt from coverage under G.L. c. 151A, § 6(r).

0047 0138 47

0047 0138 47 (Oct. 22, 2021) – The claimant’s internship with the employer was part of a university co-op program.  He was not entitled to benefits when that internship ended, because the services were exempt under G.L. c. 151A, § 6(k).

0015 1081 68

0015 1081 68 (Aug. 26, 2016) – On-call, part-time, municipal snowplow driver’s services were not exempt under G.L. c. 151A, § 6A(5), because he was routinely called in to handle the demands of heavy snowfall.

0012 1800 09

0012 1800 09 (Mar. 4, 2016) – Absent evidence that his former LLC employer filed an IRS Form 8832 electing to be treated as a corporation, the claimant is deemed to have been employed by a partnership.  Because the partners were the claimant’s sons, his services were exempt under G.L. c. 151A, § 6(d).  The claimant did not have sufficient qualifying wages in the base period to be monetarily eligible under G.L. c. 151A, § 24(a).

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