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COVERALL NORTH AMERICA, INC. v. COMMISSIONER OF THE DIVISION OF UNEMPLOYMENT ASSISTANCE

447 Mass. 852 (2006)

COVERALL NORTH AMERICA, INC. v. COMMISSIONER OF THE DIVISION OF UNEMPLOYMENT ASSISTANCE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 12, 2006.

Attorney(s) appearing for the Case

Michael D. Vhay (Norman Leon with him) for the plaintiff.

David A. Guberman, Assistant Attorney General, for Commissioner of the Division of Unemployment Assistance.

Jennifer L. Huggins, for Rhina Alvarenga, submitted a brief.

The following submitted briefs for amici curiae:

Donald J. Siegel, Ira Sills, & Indira Talwani for Service Employees International Union & another.

Roscoe Trimmier, Jr., & John P. Bueker for International Franchise Association.

Catherine K. Ruckelshaus, of New York, Shannon Liss-Riordan, & Hillary Schwab for National Employment Law Project & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

A District Court judge affirmed the decision of the division of unemployment assistance (division) that the claimant2 was an employee within the meaning of G. L. c. 151A, § 2, thus requiring Coverall North America, Inc., doing business as Coverall Cleaning Concepts (Coverall), to pay contributions for the claimant's reported earnings pursuant to G. L. c. 151A, §§ 13, 14. On appeal, Coverall claims that the division...

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