Gateway Taxi Management v. Division of Employment Security

Summary

The Supreme Court of Missouri affirmed the Labor and Industrial Relations Commission's determination that Gateway Taxi Management's taxi drivers were employees rather than independent contractors under Missouri's employment security statutes. The Court held that the drivers received remuneration for personal services and that competent and substantial evidence supported application of the common-law right-to-control test in finding an employer-employee relationship.

Holdings

1. Drivers who retained passenger fares after deducting Gateway's flat fee and other expenses received remuneration for personal services, and the arrangement constituted wages for employment under sections 288.034.1 and 288.036.1.
2. Gateway did not establish that the drivers were independent contractors because the evidence supported the LIRC's finding that Gateway retained sufficient control over the manner and means of the drivers' work to create an employer-employee relationship.
3. The LIRC's decision that Gateway's taxi drivers were employees was supported by competent and substantial evidence upon the whole record.

Questions Presented

1. Whether the taxi drivers received wages or remuneration for personal services in Gateway's employment under the Missouri Employment Security Law.
2. Whether Gateway proved under the common-law right-to-control test that the drivers were independent contractors rather than employees.
3. Whether the LIRC's employee-status determination was supported by competent and substantial evidence upon the whole record.

Disposition

affirmed