Monday, August 27, 2018

labor - employee v. indpt. contractor - beauty salon

A Special Touch v. Dept. of Labor & Industry – Cmwlth. Court – August 23, 2018

A Special Touch, a beauty salon, petitions for review of an adjudication of the Department of Labor and Industry (Department) that imposed an unemployment compensation tax on it for five persons who worked at the salon in a variety of positions.

In its adjudication, the Department classified these five workers as employees, but it classified five other workers who worked there in similar positions as independent contractors.

Because all ten workers were “customarily engaged in an independently established trade, occupation, profession or business” under Section 4(l)(2)(B) of the Unemployment Compensation Law (Law),2 we reverse the Department’s holding in that respect.