In re the Claim of Realty Hotels, Inc.

Appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board which held that variety actors engaged by a hotel through a booking agency were independent contractors, and their earnings not subject to assessment of contributions. The board has found as a fact that the hotel did not reserve by contract any right to control the actors, and that it did not in fact exercise supervision, direction or control over them. The only question presented here is whether, on this record, we must say as a matter of law that the actors were employees. As a part of its…