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EARTHGRAINS BAKERY GROUP, INC. v. MDES

No. 2012-CC-01522-SCT.

131 So.3d 1163 (2014)

EARTHGRAINS BAKERY GROUP, INC. f/k/a Sara Lee Bakery Group, Inc. v. MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY.

Supreme Court of Mississippi.

February 13, 2014.

Attorney(s) appearing for the Case

Timothy W. Lindsay , Kristi Haskins Johnson , Ridgeland, attorneys for appellant.

Albert B. White , Madison, Leanne Franklin Brady , attorneys for appellee.

Before RANDOLPH, P.J., KING and COLEMAN, JJ.

COLEMAN, Justice, for the Court:

¶ 1. The Mississippi Department of Employment Security (MDES) determined that distributors for Sara Lee Bakery Group, Inc. (now Earthgrains Bakery Group, Inc.) were agent drivers and commission drivers for Sara Lee, rather than independent contractors, such that Sara Lee was required to pay unemployment insurance taxes for the distributors. The circuit court affirmed, and Sara Lee appealed. Finding that MDES failed to apply the...

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