Appeal of Niadni, Inc. d/b/a Indian Head Resort Motel
166 N.H. 256
| N.H. | 2014Background
- Resort in Lincoln offers live entertainment and advertises performances; stage and PA system used to host acts.
- Coulombe performed as a musical entertainer at the resort from approximately 1980, with about 300 performances in the last two years.
- He provided his own instruments and selected material; resort paid him weekly.
- Last booking occurred June 2, 2012, after which his relationship with the resort ended and he filed for unemployment benefits.
- DES initially determined Coulombe eligible; tribunal found he did not provide services in employment under RSA 282-A:9, III(b).
- Board later reversed, awarding benefits, and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the board could reverse the tribunal under RSA 282-A:65. | Niadni argues board reversal was improper. | Coulombe argues reversal authorized under statutory standards. | Board reversal authorized under RSA 282-A:65. |
| Whether Coulombe’s live entertainment was outside the resort’s usual course of business under RSA 282-A:9, III(b). | Resort contends entertainment not within usual course. | Coulombe contends entertainment was outside all places? (non-essential) | Entertainment within the resort’s usual course; Coulombe employee under RSA 282-A:9, III. |
| Whether Coulombe’s services were outside the usual course of the resort’s business or outside places of business. | Resort argues outside the usual course not shown. | Coulombe contends services were within regular business operations. | Coulombe’s services were within the regular and continuous entertainment within the resort. |
Key Cases Cited
- Appeal of Aspen Contracting NE, 164 N.H. 89 (2012) (three-part exclusion test for employment)
- Mattatuck Museum v. Unemployment Comp., 679 A.2d 347 (Conn. 1996) (regular activity within enterprise’s usual course)
- Sinclair Builders v. Unemployment Ins., 73 A.3d 1067 (Me. 2013) (distinction between ordinary service and non-essential services)
- Bigfoot’s, Inc. v. Bd. of Rev. of Indus. Comm’n, 710 P.2d 180 (Utah 1985) (employment of musicians within usual course of hotel business)
- Appeal of Stewart, 164 N.H. 772 (2013) (statutory construction of RSA 282-A:9, III(b))
- Appeal of N.H. Sweepstakes Commission, 130 N.H. 659 (1988) (limits board’s authority to reverse or modify findings)