Viktor LTD v. Department of Labor and Industry, Bureau of Employer Tax Operations

In Viktor LTD v. Department of Labor and Industry, Bureau of Employer Tax Operations, 586 Pa. 196, 214-15, 892 A.2d 781, 792-93 (2006), the only issue in dispute was the second prong of the independent contractor test--whether the claimants were engaged in an independently established trade, occupation, profession, or business. The Supreme Court determined that this prong was satisfied because: the drivers provided their services to the presumed employers on a job-to-job basis and could reject assignments; the drivers could perform their services for more than one entity, including competitors, with no adverse consequences; and the drivers' operation of their businesses and ability to perform the work was not dependent on the existence of the presumed employers. Viktor, 586 Pa. at 229-30, 892 A.2d at 801-02. Although the issue of control was not directly at issue, the Supreme Court noted the following facts establishing that the limousine drivers were free from control: the drivers were not required to complete an application or participate in an interview; the drivers were permitted to refuse clients and/or trips; the client, as opposed to the limousine company, determined the time, place, and distance of trips; the drivers could chose what route to take; the drivers could choose when to make stops; the drivers could extend services beyond the agreed rental; the limousine company did not provide training or require attendance at meetings; the limousine company did not supervise the drivers; and the limousine company did not supply a uniform or a handbook. Id. at 213, 892 A.2d at 791-92.