Vogue v. Administrator, Unemployment Compensation Act

Summary

The court affirmed the dismissal of the employer’s administrative appeal, holding that the tattoo artist’s services were within the employer’s usual course of business under part B of the statutory ABC test. The court concluded that the agency reasonably relied on substantial evidence, including the employer’s advertising, store operations, and treatment of tattoo transactions as its own business activity. The court declined to require that multiple workers perform the activity or that the activity constitute a substantial portion of the enterprise’s business.