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DANIELLE VIKTOR, LTD. v. DEPT. OF LABOR & INDUSTRY

892 A.2d 781 (2006)

DANIELLE VIKTOR, LTD., t/a Sterling Limousine, Appellee v. DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF EMPLOYER TAX OPERATIONS, Appellant. Carmen Henderson, d/b/a Henderson Limousine Service, Appellee v. Department of Labor and Industry, Bureau of Employer Tax Operations, Appellant. A Touch of Class Limousine Services, Inc., Appellee v. Department of Labor and Industry, Bureau of Employer Tax Operations, Appellant. Champagne Limousine Service, Inc., Appellee v. Department of Labor and Industry, Bureau of Employer Tax Operations, Appellant. Superior Limousine Service, Superior Transportation Services, Inc., Appellee v. Department of Labor and Industry, Bureau of Employer Tax Operations, Appellant. Unique Limousine Service, Inc., t/a Unique Limousine, Appellee v. Department of Labor and Industry, Bureau of Employer Tax Operations, Appellant.

Supreme Court of Pennsylvania.

Decided February 28, 2006.

Attorney(s) appearing for the Case

Jane Pomerantz, Harrisburg, for Dept. of Labor and Industry, Bureau of Employer Tax Operations, appellant.

Samuel WB Millinghausen, III, for Danielle Viktor, Ltd., appellee.

James Dennis Young, Cheryl Lynn Kovaly, Frank J. Lavery, Jr., Harrisburg, for Carmen Henderson, A Touch of Class Limousine Services, Inc., Champagne Limousine Service, Inc., and Superior Limousine Service, appellees.

Kelly Marie Knight, Harrisburg, for Unique Limousine Service, Inc., appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

In this case, we determine whether individuals who drive limousines (Drivers) for six limousine companies (Appellees) are independent contractors or employees pursuant to Section 43 P.S. § 753(l)(2)(B) of the Unemployment Compensation Law, 43 P.S. §§ 751-914. For the reasons that follow, we affirm the Orders of the Commonwealth Court that held that Drivers are independent contractors and, accordingly,...

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