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KIRBY CENTER v. DEPT. OF LABOR & EMPL. SEC.

No. 94-1035.

650 So.2d 1060 (1995)

KIRBY CENTER OF SPRING HILL, Appellant, v. STATE of Florida, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, Appellee.

District Court of Appeal of Florida, First District.

February 16, 1995.

Attorney(s) appearing for the Case

Michael P. Bist of Gardner, Shelfer, Duggar & Bist, P.A., Tallahassee, for appellant.

Eric R. Hurst, Dept. of Labor & Employment Sec., Tallahassee, for appellee.

KAHN, Judge.

Appellant Kirby Center of Spring Hill appeals from an order of the Department of Labor & Employment Security, Division of Unemployment Compensation [Division]. The order finds that Kirby's telephone solicitors must be classified as employees for unemployment compensation purposes. Kirby contends that the telephone solicitors are direct sellers under section 443.036(19)(n)21, Florida Statutes (1990), which defines "direct seller" as a person:

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