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CITY OF FREDERICK v. SCHLOSSER

No. 22754.

673 N.W.2d 283 (2003)

2003 SD 145

CITY OF FREDERICK, South Dakota, Appellant, v. Gary SCHLOSSER and South Dakota Department of Labor Unemployment Insurance Division, Appellees.

Supreme Court of South Dakota.

Decided December 17, 2003.

Attorney(s) appearing for the Case

Jason A. Campbell of Spiry & Frohling, Britton, SD, for appellant.

Drew C. Johnson, Special Assistant Attorney General, Department of Labor, Aberdeen, SD, for appellee, South Dakota Department of Labor Unemployment Insurance Division.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must determine whether any portion of unemployment benefits are chargeable to a concurrent employer whose employee works both part-time and "on call" for additional work. Because we conclude that the Department of Labor (DOL) misconstrued ARSD 47:06:04:05 and that the employer was chargeable for some benefits but not the amount determined by the Department, we reverse and remand.

Background

[¶...

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