SOUTHWEST

1. Introduction

Southwest Research Institute, a Texas nonprofit corporation, appeals from a judgment denying its petition for a peremptory writ of mandate. On appeal, Southwest contends that, for purposes of paying unemployment benefits, Jeffery A. Yingst was an independent contractor, not an employee, of Southwest. For several years, Yingst worked as a vendor for Southwest, obtaining gasoline samples for testing. Respondent, the Employment Development Department, defends the benefit decision of the California Unemployment Insurance Appeals Board, affirming the administrative law judge’s decision that Yingst was an employee, not an independent contractor.

Southwest raises two primary issues on appeal. First, Southwest argues that the trial court applied the wrong standard of review to Southwest’s petition. Second, Southwest contends that, using the proper standard of review, it was error to find that Southwest controlled the “manner and means” of Yingst’s work for Southwest, thus making Yingst an employee of Southwest. We reject the former but agree with the latter and therefore we reverse.

2. Standard of Review

3. Employment or Independent Contractor…