Victor v. Department of Labor & Industry

I respectfully dissent. Because I believe that the aides who participate in the registry service of William R. Victor, t/a Victor’s Helping Hands (Victor), are independent contractors, and not employees of Victor, I would reverse the order of the Department of Labor and Industry, Bureau of Employer Tax Operations (Department), and grant Victor’s petition for reassessment.

In affirming the order of the Department, the majority correctly states that the burden is on the alleged employer to bring itself within the exceptions to “employment” under Section 4(1)(2)(B) of the Unemployment…