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GATEWAY TAXI v. DIV. OF EMPLOYMENT SEC.

No. SC 94464.

461 S.W.3d 830 (2015)

GATEWAY TAXI MANAGEMENT, Appellant, v. DIVISION OF EMPLOYMENT SECURITY, Respondent.

Supreme Court of Missouri, en banc.

Opinion issued May 12, 2015.

Attorney(s) appearing for the Case

Gateway Taxi Management was represented by Brian E. McGovern , Robert A. Miller and Bryan M. Kaemmerer of McCarthy, Leonard, Kaemmerer LC in St. Louis, (314) 392-5200; and William E. Quirk of Polsinelli PC in Kansas City, (816) 753-1000.

The division was represented by inhouse counsel Christopher R. Miller in Jefferson City, (573) 751-3844.

The Independent Taxi Driver Association LLC, which submitted a brief as a friend of the Court, was represented by Drew C. Baebler of Bauer & Baebler PC in St. Louis, (314) 241-7700.

The Labor and Industrial Relations Commission (LIRC) determined that Gateway Taxi Management, d/b/a Laclede Cab Company ("Laclede"), is liable for unemployment tax because its taxi drivers are "employees" under § 288.034.5.1 This Court holds that the LIRC's decision is supported by competent...

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