February 12, 2015
Huffman Inc., d/b/a Huffco Services, Appellant
North Dakota Workforce Safety and Insurance, Appellee
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
Stephen D. Little, Bismarck, ND, for appellant.
Jacqueline Sue Anderson, Special Assistant Attorney General, Fargo, ND, for appellee.
Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.
[¶1] Huffman Incorporated (" Huffco" ) appeals from a district court judgment affirming an administrative law judge's order finding Huffco's drivers are employees. Huffco argues its drivers are independent contractors and not employees because the greater weight of the evidence shows that Huffco's drivers agreed to work as independent contractors, continued working as independent contractors, were treated as independent contractors and accepted the benefits of being independent contractors. We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(5).
[¶2] Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.