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LOCATIONS v. HAW. DEPT. OF LABOR

No. 17275.

900 P.2d 784 (1995)

79 Hawai`i 208

LOCATIONS, INCORPORATED, Appellant-Appellee, v. HAWAI`I DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Appellee-Appellant.

Supreme Court of Hawai`i.

July 28, 1995.

Attorney(s) appearing for the Case

Leo B. Young, Deputy Atty. Gen., Honolulu, for appellee-appellant Dept. of Labor and Indus. Relations, State of Hawai`i.

Ellen Godbey Carson (Paul Alston, with her on the brief, of Alston, Hunt, Floyd & Ing), Honolulu, for appellant-appellee Locations, Inc.

Wayne M. Pitluck and Dana K.N. Sato of Pitluck & Kido, on the brief, Honolulu, for amicus curiae, Hawai`i Ass'n of Realtors.

Before MOON, C.J., LEVINSON and NAKAYAMA, JJ., Circuit Judge HUDDY, in place of KLEIN, J., recused, and Circuit Judge CRANDALL, in place of RAMIL, J., recused.

MOON, Chief Justice.

Appellant State of Hawai`i, Department of Labor and Industrial Relations (the DLIR), appeals from the judgment of the circuit court, reversing its declaratory ruling. The DLIR contends on appeal that the circuit court erred in its determination that licensed real estate agents who perform sales activities pursuant to "independent contractor agreements" with appellee Locations, Inc. (Locations) are "independent contractors" and not "employees"...

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