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.
