Legal Opinion

Pam's Carpet Service, Inc. v. Employment Division

Court of Appeals of Oregon

Decided June 23, 1980No. 78-T-9, CA 14771PublishedCited by 17 opinions

1Opinion of the Court

*677SCHWAB, C. J.

Petitioner appeals from a referee’s decision ruling that about 60 persons who installed carpet and other products for petitioner over a two year, nine month period were petitioner’s employes, not independent contractors, and therefore petitioner was liable for unemployment compensation tax payments based on the amounts paid to the installers during the audit period.

I

The distinction between an employe and an independent contractor, for present purposes, is expressed in ORS 657.040:

"Services performed by an individual for remuneration are deemed to be employment subject to this…

2Cases cited7 opinions

  1. Kirkpatrick v. PeetOregon Supreme Court · 1967
  2. Byrne Trucking, Inc. v. Employment DivisionOregon Supreme Court · 1978
  3. MICHELET, SOWERS, JOHNSON & COMPANY v. MorganCourt of Appeals of Oregon · 1972
  4. Republic Development Co. v. Employment DivisionOregon Supreme Court · 1978
  5. Republic Development Co. v. Employment DivisionCourt of Appeals of Oregon · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Carpet Remnant Warehouse, Inc. v. New Jersey Department of LaborSupreme Court of New Jersey · 1991
  2. Edward Slayman v. Fedex Ground Package SystemCourt of Appeals for the Ninth Circuit · 2014
  3. Avanti Press, Inc. v. Employment Department Tax SectionCourt of Appeals of Oregon · 2012
  4. Ponderosa Inn, Inc. v. Employment DivisionCourt of Appeals of Oregon · 1983
  5. Carpet Mill & Lighthouse v. Employment DivisionCourt of Appeals of Oregon · 1982

12 more not listed; retrieve them via the Exa API.

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