Erspamer Advertising Co. v. Department of Labor

The Department of Labor has appealed from the judgment of the District Court reversing the determination by the Nebraska Appeal Tribunal that Richard G. Paulson, a salesman of advertising specialties for the appellee, Erspamer Advertising Company (Erspamer), was an employee.

In October 1980 Richard G. Paulson entered into a “salesman agreement” with Erspamer, a company which sells advertising specialties. The contract provided that (1) Erspamer could designate the *69salesman’s territory; (2) compensation was to be on a commission basis only; (3) commissions were payable on a monthly basis and…