Legal Opinion

Professional Samplers, Inc. v. South Carolina Employment Security Commission

Court of Appeals of South Carolina

Decided February 16, 1999No. 2944PublishedCited by 7 opinions

1Opinion of the Court

HEARN, Judge:

Professional Samplers, Inc. (Samplers) appeals from a South Carolina Employment Security Commission (Commission) decision holding Samplers’ product demonstrators are employees for purposes of state unemployment insurance coverage. Samplers argues its compliance with the Commission’s determination is preempted by federal law. We disagree and affirm.

Facts/Procedural History

Samplers contracts with food distributors, manufacturers, and retailers to provide personnel to demonstrate products, primarily by distributing samples and advertising materials. Product demonstrators are…

2Cases cited11 opinions

  1. Michigan Canners & Freezers Assn., Inc. v. Agricultural Marketing and Bargaining Bd.Supreme Court of the United States · 1984
  2. Salem College & Academy, Inc. v. Employment DivisionOregon Supreme Court · 1985
  3. Spicer Accounting, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1990
  4. Virginia Employment Commission v. Peninsula Emergency Physicians, Inc.Court of Appeals of Virginia · 1987
  5. Todd's Ice Cream, Inc. v. South Carolina Employment Security CommissionCourt of Appeals of South Carolina · 1984

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

3Cited by7 opinions

  1. Crew One Productions, Inc. v. StateCourt of Appeals of Tennessee · 2004
  2. Jug's Catering, Inc. v. Indiana Department of Workforce Development, Unemployment Insurance BoardIndiana Court of Appeals · 1999
  3. Mid Vermont Christian School v. Department of Employment & TrainingSupreme Court of Vermont · 2005
  4. Normandy Corp. v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2009
  5. Crew One Productions, Inc. v. State of TennesseeCourt of Appeals of Tennessee · 2004

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

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