Sand v. Job Service

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Friends of Duane Sand 2012 was a political campaign committee formed for the 2012 election of Duane Sand as a United States Senator from North Dakota. Friends of Duane Sand ceased operation in June 2012, when Sand was defeated in the state primary election. In 2013, the Job Service received an interstate request to investigate whether Friends of Duane Sand was required to pay unemployment insurance for Joe Meyer, a campaign worker who filed a claim for unemployment benefits in Minnesota. Friends of Duane Sand claimed its campaign workers were either independent contractors or volunteers and it was not subject to charges for unemployment insurance. After an investigation and a hearing, an administrative law judge determined Friends of Duane Sand was an employing unit, Meyer was an independent contractor and not an employee, and another campaign worker, Sarah Mohler, was an employee. Job Service declined to review the administrative law judge's decision. Friends of Duane Sand 2012 appealed a district court order denying a motion for reconsideration of a judgment affirming a Job Service decision that Friends of Duane Sand was an employing unit and that Sarah Mohler was an employee. The Supreme Court dismissed, finding that post-judgment motions under N.D.R.Civ.P. 59 and 60 were not applicable to a district court's review of an appeal from a Job Service decision. Further, the Court found Friends of Duane Sand 2012 did not timely appeal the judgment affirming Job Service's decision. View "Sand v. Job Service" on Justia Law