BKU Enterprises, Inc. v. Job Service North Dakota
North Dakota Supreme Court
1Opinion of the Court
SANDSTROM, Justice.
BKU Enterprises, Inc., appeals from a district court judgment affirming Job Service of North Dakota’s decision that BKU’s “independent dealers” were employees subject to job insurance taxes. We affirm.
BKU is a distributor of Kirby vacuum cleaners in the Fargo area. BKU enters into written contracts with “dealers,” who sell the vacuums to customers through in-home demonstrations. The contract designates the dealer as an independent contractor. Dealers set their own schedules and need not regularly report work hours to BKU. Although BKU provides regularly scheduled training…
2Cases cited17 opinions
- Kirkpatrick v. PeetOregon Supreme Court · 1967
- Salter v. North Dakota Department of TransportationNorth Dakota Supreme Court · 1993
- Murphy v. DaumitIllinois Supreme Court · 1944
- Wallis v. Secretary of Kansas Department of Human ResourcesSupreme Court of Kansas · 1984
- Midwest Property Recovery, Inc. v. Job Service of North DakotaNorth Dakota Supreme Court · 1991
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3Cited by15 opinions
- Boston Bicycle Couriers, Inc. v. Deputy Director of the Division of Employment & TrainingMassachusetts Appeals Court · 2002
- Raboin v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 1996
- State Ex Rel. Workforce Safety & Insurance v. Larry's on Site WeldingNorth Dakota Supreme Court · 2014
- Sinclair Builders, Inc. v. Unemployment Insurance CommissionSupreme Judicial Court of Maine · 2013
- State Ex Rel. Workforce Safety & Insurance v. Questar Energy Services, Inc.North Dakota Supreme Court · 2017
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