ST 100.8 Other

Click on the case numbers below to access decisions about whether services that do not fit under a listed topic were performed by an employee or an independent contractor for purposes of unemployment benefits.


SEC2-18-002 (Feb. 7, 2019) – Personal trainers and group exercise class instructors were held to be employees of the employer fitness club.  Employer failed to sustain its burden under G.L. c. 151A, § 2(b) to show that these services were outside the usual course of the business for which the services are performed.

0019 6946 15

0019 6946 15 (Sept. 25, 2017) – Employer failed to show that internet video production services were not employment under G.L. c. 151, § 2(b) and (c). Even if the work was a new endeavor for the company, that many in the employer’s regular workforce became deeply involved turned the endeavor into its usual course of business. Where claimant spent time every day working at premises leased or owned by employer, services were not performed outside of all the places of the employing unit’s enterprise. Under prong (c), requiring claimant to produce hundreds of videos took so much time that claimant was incapable of offering his services to other clients. [Note: the District Court affirmed the Board of Review’s decision.]

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