39-51-2101. Total unemployment -- when. (1) An individual is considered to be totally unemployed in any week during which the individual:
(a) did not perform any work in employment and did not earn any wages for employment; or
(b) except as provided in subsection (2):
(i) due to a lack of work, worked fewer than the hours that are typically worked in employment by the individual; and
(ii) earned wages payable to the individual that are less than two times the individual's weekly benefit amount.
(2) An individual is not considered to be unemployed in any week in which the individual works at least 40 hours in employment.