Joseph J. Albanese, Inc. v. Henning CA3
Plaintiff Joseph J. Albanese, Inc. (Albanese) constructed several projects in the City of San Jose. When construction impinged on a right of way, the city required Albanese to retain the services of off-duty San Jose Police Department (SJPD) officers to control traffic during the construction. Albanese applied to the SJPD to become a secondary employer of the police officers and signed an employer conditions agreement and an indemnity agreement. The SJPD supplied officers to direct traffic at the construction sites. Subsequently, the Employment Development Department (Department) determined that for the purposes of unemployment insurance taxes, Albanese was the employer of the police officers while they performed their traffic control duties. Albanese appealed, and the trial court affirmed the Department’s decision. Albanese appeals, challenging the court’s interpretation of the terms of the conditions and indemnifications agreements. We shall affirm the judgment.
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