Vogue v. Administrator, Unemployment Compensation Act

Summary

The court affirmed the dismissal of the employer’s administrative appeal, holding that substantial evidence supported the agency’s conclusion that tattoo services fell within the employer’s usual course of business under part B of the statutory ABC test. The court held that this inquiry focuses on whether the enterprise performs the activity regularly or continuously, without regard to the activity’s relative importance or the number of workers performing it, and that advertising may support but cannot alone establish that conclusion.