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SC16804 - JSF Promotions, Inc. v. Administrator
State: Connecticut
Court: Supreme Court
Docket No: 265cr120
Case Date: 08/12/2003
Plaintiff: SC16804 - JSF Promotions, Inc.
Defendant: Administrator
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

JSF PROMOTIONS, INC. v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT (SC 16804)
Sullivan, C. J., and Borden, Norcott, Katz and Vertefeuille, Js. Argued April 15--officially released August 12, 2003

Richard T. Sponzo, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Thomas P. Clifford III, assistant attorney general, for the appellant (defendant). George J. Kelly, Jr., with whom was Glenn A. Duhl,

for the appellee (plaintiff). Bennett Pudlin filed a brief for the intervening appellant (employment security board of review).
Opinion

SULLIVAN, C. J. The defendant, the administrator of the Unemployment Compensation Act, appeals1 from the judgment of the trial court reversing the decision of the employment security board of review (board),2 which had found the plaintiff, JSF Promotions, Inc. (JSF), liable for unemployment compensation contributions with regard to individuals recruited and assigned by JSF to work as product demonstrators in supermarkets. We reverse the judgment of the trial court. The opinion of the trial court sets out the following relevant facts and procedural history. ``[JSF] operates a business providing individuals to demonstrate products of various manufacturers to consumers, primarily in supermarkets. [JSF] engages the services of these individuals, who will be referred to as `demonstrators,' pursuant to contracts [JSF] has with the supermarkets and the demonstrators. ``Following an audit by the defendant . . . for the period January 1, 1993 to December 31, 1995, the auditor determined that the services performed by the demonstrators constituted employment within the meaning of General Statutes
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