Bay Construction Co. v. Dolan

Irwin, Judge.

This appeal involves the question of whether Steven Shurter, a carpenter temporarily retained by Bay Construction Company (Bay), was an employee or an independent contractor. The question is one to be resolved in accordance with Neb. Rev. Stat. § 48-604 (Reissue 1988). If Shurter was an employee, Bay is required to make contributions for unemployment insurance benefits on his behalf. In order for Bay to prevail, the evidence must show that Bay satisfied three requirements of the above statute. We find that Bay failed to meet the statutory requirement of § 48-604(5)(b) that…