Section 452.38. Independent contractor relationship.

 

(1)  Except as otherwise provided in s. 102.078 , a licensee shall not, under ch. 102 , 103 , 104 , or 109 , under subch. X of ch. 71 or subch. II of ch. 111 , under any other law or rule other than those specified under sub. (1m) , or in any action or proceeding under the common law, be considered an employee of a firm if all of the following are satisfied:

(a) A written agreement has been entered into with the firm that provides that the licensee shall not be treated as an employee for federal and state tax purposes.

(b) Seventy-five percent or more of the compensation related to sales or other output, as measured on a calendar year basis, paid to the licensee pursuant to the written agreement referenced under par. (a) is directly related to the brokerage services performed by the licensee on behalf of the firm.

(1m)  This section does not apply with respect to ch. 108 or any rules promulgated thereunder.

(2)  

(a) Subsection (1) applies notwithstanding the requirements and responsibilities of a firm under s. 452.132 and any rules promulgated by the board.

(b) Subsection (1) applies regardless of the licensee's status as a supervising broker under s. 452.132 and any actions taken by the licensee as a supervising broker under s. 452.132 .

(3)  In the case of an individual who is engaged as both an independent contractor and an employee for the same firm, sub. (1) applies only with respect to activities covered under the written agreement referenced under sub. (1) (a) .

2015 a. 258 .