Minnesota Administrative Rules

5224.0050 BULK OIL PLANT OPERATORS.

Subpart 1.

Definition.

A bulk plant operator is an individual who:

A.

distributes the products of firms engaged in the oil business;

B.

receives the oil products from the firm with which he or she contracts and delivers them to the retailers in his or her territory; and

C.

collects money for the products from customers and forwards it to the firm.

Subp. 2.

Independent contractor.

A bulk oil plant operator is an independent contractor if all of the following criteria are substantially met.

A.

The operator is in complete charge of the entire plant.

B.

The operator's contract with an oil firm provides that the operator will:

(1)

sell the firm's petroleum products on a consignment basis and account for all money collected;

(2)

sell the products within a general territory at prices set by the firm;

(3)

bear all expenses except freight on the products consigned;

(4)

furnish trucks and other equipment; and

(5)

hire, pay, and assume full responsibility for all necessary assistants.

C.

The operator advertises the firms' products at his or her own expense.

D.

The operator fixes the hours and days the plant remains open, and hires, pays, and controls the employees.

Subp. 3.

Employee.

A bulk oil plant operator is an employee if all of the following criteria are substantially met.

A.

The operator does not have an investment in capital assets and is paid on a salary basis.

B.

The operator is required to work fixed hours or full time.

C.

The operator is included in the oil firm's employee benefits plans.

D.

The operator is required to comply with instructions given by the firm.

E.

The operator is not personally obligated to pay wages or does not assist in paying the truck or plant maintenance expenses.

F.

The operator is hired to manage the plant on a salary basis under instructions on the method and manner of doing the work.

Statutory Authority:

MS s 176.041; 176.83

History:

10 SR 1852

Published Electronically:

June 11, 2008