Milano's, Inc. v. Kansas Dept. of Labor

Marquardt, J.:

Milano’s, Inc. (Milano’s) appeals the district court’s order affirming the Kansas Department of Labor’s (KDOL) decision that the Club Orleans’ entertainers are employees and not independent contractors under the Kansas Employment Security Law (KESL), K.S.A. 44-701 et seq. We affirm.

In July 2002, Milano’s acquired a controlling interest in Club Orleans, a gentlemen’s club. In 2004, Milano’s designated their entertainers as independent contractors.

In response to an unemployment claim submitted by a Milano’s entertainer, the Unemployment Tax Contributions Unit of the KDOL began an…