YARD BIRD v. VIRGINIA EMPLOYMENT COM.

Record No. 2237-97-2.

503 S.E.2d 246 (1998)

28 Va. App. 215

YARD BIRD, INC., t/a Tzers v. VIRGINIA EMPLOYMENT COMMISSION.

Court of Appeals of Virginia, Richmond.

August 18, 1998.


Attorney(s) appearing for the Case

A. Robinson Winn, Norfolk (Outland, Gray, O'Keefe & Hubbard, Chesapeake, on brief), for appellant.

William A. Diamond, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: ANNUNZIATA, J. and COLE and BAKER, Senior Judges.


COLE, Senior Judge.

Yard Bird, Inc., t/a Tzers ("Yard Bird"), appeals the circuit court's order denying its petition for judicial review and affirming the Virginia Employment Commission's ("VEC" or "Commission") ruling that Jackie Pulliam and other exotic dancers who perform for Yard Bird, are employees, not independent contractors. On cross-appeal, the VEC asserts that the circuit court erred when it found that Pulliam and the other dancers were free from Yard Bird...

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