Kirby Center of Spring Hill v. State, Department of Labor & Employment Security, Division of Unemployment Compensation

KAHN, Judge.

Appellant Kirby Center of Spring Hill appeals from an order of the Department of Labor & Employment Security, Division of Unemployment Compensation [Division]. The order finds that Kirby’s telephone solicitors must be classified as employees for unemployment compensation purposes. Kirby contends that the telephone solicitors are direct sellers under section 443.036(19)(n)21, Florida Statutes (1990), which defines “direct seller” as a person:

a. (I) Who is engaged in the trade or business of selling or soliciting the sale of consumer products to buyers on a buy-sell basis or a…