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different job sites when Rocky and Dean were unavailable. Darle
occasionally even performed labor-intensive tasks including, but
not limited to, hanging sheet rock, drywall taping, and unloading
materials at different job sites. Darle regularly brought job
plans home with him at night to estimate the cost of completing a
job.
The success of petitioner’s business depended on accurately
estimating the cost of completing a job. After Darle estimated
the cost of completing a potential job, he determined the amount
petitioner would bid to maximize profits and, at the same time,
remain competitive in the bidding process.
On average, Darle worked 55 hours per week during the years
in issue, but worked 60 to 65 hours per week when petitioner was
establishing itself in the drywall construction industry.
2. Rocky Miller
Rocky was petitioner’s vice president. His primary duty was
job-site supervisor, which required him to supervise the workers
on a job site, determine what materials were needed on a job
site, hire and fire employees on petitioner’s behalf, coordinate
the progress of each job with Darle, and perform other day-to-day
operations. Rocky performed additional duties including, inter
alia, delivering materials to the job sites and performing
physical labor, such as hanging sheetrock, drywall taping,
repairing equipment, and removing snow at the sites.
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Last modified: May 25, 2011