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A company failed to prove that the claimant, a cable installer, was an independent contractor and not an employee. An employment relationship is presumed unless the employer can prove three factors. In this instance, the company did not prove the second prong, that the services performed by the claimant were either outside the usual course of the business for which the service is performed or were performed outside all the places of business of the enterprise for which the service is performed. Here, the company was not just a referral service and it was not paid until the cable installation was complete. This factor led the Board to conclude that the client companies were paying for installation jobs, not simply for referrals, making the installers an integral part of completing those installations and part of the usual course of the business for which the service was performed. Accordingly, the Board’s decision upholding the charging of benefits on behalf of the claimant was affirmed (TNT Cable Contractors, Inc. v. DWS, Ark. Ct. of App., DIVISION I, No. E-14-224, February 11, 2015).
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