Section 646IAC5-5-8. Product demonstrators

   (a) Demonstrators:

(1) who are placed by a manufacturer in department and specialty stores to aid in the sale of the specialized products of the manufacturer;

(2) who are engaged by the manufacturer;

(3) who are paid directly or indirectly by the manufacturer; and

(4) who work under the direction of the manufacturer, although this direction may be delegated to the retailer;

are employed by the manufacturer.

  (b) If the retailer, not acting as an agent for the manufacturer, engages the demonstrator, and the demonstrator works under the direction of the retailer and receives remuneration directly from the retailer, the retailer is the employer.

  (c) If wages are paid in part by the manufacturer and in part by the retailer, the demonstrator is employed by both the manufacturer and the retailer. Each is required to pay contributions on the part of the remuneration that they pay, provided that one (1) or both are employers under IC 22-4. (Department of Workforce Development; 646 IAC 5-5-8; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA)