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ACN OPPORTUNITY v. EMPLOYMENT DEPARTMENT

(T71434; SC S064344).

418 P.3d 719 (2018)

362 Or. 824

ACN OPPORTUNITY, LLC, Petitioner on Review, v. EMPLOYMENT DEPARTMENT, Respondent on Review.

Supreme Court of Oregon.

May 3, 2018.

Attorney(s) appearing for the Case

William F. Gary , Harrang Long Gary Rudnick P.C., Portland, argued the cause and filed the briefs for petitioner on review. Also on the briefs was J. Aaron Landau .

Keith L. Kutler , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Brad S. Daniels , Stoel Rives LLP, Portland, filed the brief for amicus curiae Direct Selling Association.

Janet M. Schroer , Hart Wagner LLP, Portland, filed the brief for amici curiae Individual Direct Sellers Dorinda Stoller, Crystal Ross, Angela Muse, Alyssa Sutera, Linda Archambault, Angela Lister, Sarah Warner, Brenna Reyes, Sara Haas, Theresa Hutcherson, and Nicole Johanson.

Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, Flynn, Duncan, and Nelson, Justices.

Petitioner ACN Opportunity, LLC (ACN) sells satellite television, telephone, internet, and home security services, as well as some goods related to those services, through a network of direct-to-consumer sellers that it calls "independent business owners" (IBOs). The Employment Department determined that ACN was an employer and thus...

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