Brothers Construction Co. v. Viriginia Employment Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Commission’s findings regarding the control factor in the ABC test, because supported by the evidence, did not err as a matter of law, and were thus “dispositive”
• noting that, if an employer \fails to meet its burden of pro[ving]\ that an employment relationship does not exist, the court must presume that an employment relationship does exist
• company president’s testimony was evidence that siding installation was part of usual course of busi- ness of company that installed siding, gutters and down- spouts on residential and other buildings
• “While the installers provided their own tools and transportation, Brothers provided all of the materials for -9- An additional analytical factor is how hours of work are determined. See Mims, 219 Va. at 617, 248 S.E.2d at 818 (“they would choose their own work hours . . .”

Source: CourtListener parenthetical corpus (CC0).