Minelli v. Unemployment Compensation Board of Review
39 A.3d 593
| Pa. Commw. Ct. | 2012Background
- Claimant, Marietta B. Minelli, sought UC benefits after working as an independent contractor for DK Harris Consulting.
- She performed 22 hours of work over three days (Aug 12–14, 2010) for DK Harris, then applied for the week ending Aug 21, 2010.
- Altoona UC Service Center initially determined she was not ineligible under 402(h) because she was not under direction/control.
- DK Harris appealed; the Referee found Claimant free from control and that she was engaged in an independent profession, then denied benefits.
- Board adopted the Referee’s findings and held Claimant’s independent-contractor status, affirming denial of benefits.
- Claimant challenged the Board’s decision, arguing the two-prong test for employment under the Law was not met because the assignment was isolated and not a customary trade or business.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant was free from control and direction in performance | Minelli argues she was not controlled by DK Harris. | DK Harris contends the evidence shows freedom from control and direction. | First element satisfied; Claimant was free from control |
| Whether Claimant was customarily engaged in an independently established trade or business | Minelli argues she was not customarily engaged in an independent trade or business. | DK Harris argues she was engaged in business as an independent contractor. | Second element not established; not customarily engaged |
Key Cases Cited
- Silver v. Unemployment Compensation Board of Review, 34 A.3d 893 (Pa.Cmwlth.2011) (de minimis independent-contractor work not enough to show customary business)
- Viktor, Danielle, Ltd. v. Department of Labor and Industry, Bureau of Employer Tax Operations, 586 Pa. 196 (Pa. 2006) (three-part Viktor test for independently established business)
- Buchanan v. Unemployment Compensation Board of Review, 581 A.2d 1009 (Pa.Cmwlth.1990) (flea-market booth not a customary independent business)
- Teets v. Unemployment Compensation Board of Review, 615 A.2d 987 (Pa.Cmwlth.1992) (limited income activities not automatically self-employment)