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GILTNER, INC. v. DEPT. OF COMMERCE & LABOR

No. 33611.

179 P.3d 1071 (2008)

GILTNER, INC., a division of Progressive Logistics, Inc., Employer-Appellant, v. IDAHO DEPARTMENT OF COMMERCE AND LABOR, Respondent.

Supreme Court of Idaho, Twin Falls, November 2007.

February 29, 2008.

Attorney(s) appearing for the Case

Fredericksen, Williams, Meservy & Lothspeich, LLP, Jerome, for appellant. John B. Lothspeich argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Katherine Takasugi argued.

BURDICK, Justice.

The Idaho Department of Commerce and Labor determined that certain drivers employed by Appellant Giltner, Inc. were covered employees for which it was liable for unpaid unemployment insurance taxes and penalties. The Idaho Industrial Commission affirmed that decision. Giltner appeals that decision. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Giltner, Inc. (Giltner) is a transportation company located in Jerome, Idaho, and operating...

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