(a) Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:
(1) the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
(2) the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
(3) the work is:
(i) outside of the usual course of business of the person for whom the work is performed; or
(ii) performed outside of any place of business of the person for whom the work is performed.
(b) The Secretary shall adopt regulations to provide:
(1) general guidance about the application of subsection (a) of this section; and
(2) specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.