285.525. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

285.525. As used in sections 285.525 to 285.550, the following termsshall have the following meanings:

(1) "Business entity", any person or group of persons performing orengaging in any activity, enterprise, profession, or occupation for gain,benefit, advantage, or livelihood. The term "business entity" shallinclude but not be limited to self-employed individuals, partnerships,corporations, contractors, and subcontractors. The term "business entity"shall include any business entity that possesses a business permit,license, or tax certificate issued by the state, any business entity thatis exempt by law from obtaining such a business permit, and any businessentity that is operating unlawfully without such a business permit. Theterm "business entity" shall not include a self-employed individual with noemployees or entities utilizing the services of direct sellers as definedin subdivision (17) of subsection 12 of section 288.034, RSMo;

(2) "Contractor", a person, employer, or business entity that entersinto an agreement to perform any service or work or to provide a certainproduct in exchange for valuable consideration. This definition shallinclude but not be limited to a general contractor, subcontractor,independent contractor, contract employee, project manager, or a recruitingor staffing entity;

(3) "Employee", any person performing work or service of any kind orcharacter for hire within the state of Missouri;

(4) "Employer", any person or entity employing any person for hirewithin the state of Missouri, including a public employer. Where there aretwo or more putative employers, any person or entity taking a business taxdeduction for the employee in question shall be considered an employer ofthat person for purposes of sections 285.525 to 285.550;

(5) "Employment", the act of employing or state of being employed,engaged, or hired to perform work or service of any kind or characterwithin the state of Missouri;

(6) "Federal work authorization program", any of the electronicverification of work authorization programs operated by the United StatesDepartment of Homeland Security or an equivalent federal work authorizationprogram operated by the United States Department of Homeland Security toverify information of newly hired employees, under the Immigration Reformand Control Act of 1986 (IRCA), P.L.99-603;

(7) "Knowingly", a person acts knowingly or with knowledge:

(a) With respect to the person's conduct or to attendantcircumstances when the person is aware of the nature of the person'sconduct or that those circumstances exist; or

(b) With respect to a result of the person's conduct when the personis aware that the person's conduct is practically certain to cause thatresult;

(8) "Political subdivision", any agency or unit of this state whichnow is, or hereafter shall be, authorized to levy taxes or empowered tocause taxes to be levied;

(9) "Public employer", every department, agency, or instrumentalityof the state or political subdivision of the state;

(10) "Unauthorized alien", an alien who does not have the legal rightor authorization under federal law to work in the United States, as definedin 8 U.S.C. 1324a(h)(3);

(11) "Work", any job, task, employment, labor, personal services, orany other activity for which compensation is provided, expected, or due,including but not limited to all activities conducted by business entities.