Determining the existence of an employer-employee relationship
Cole (Niagara Falls Hous. Auth.--Commissioner of Labor), 2016 NY Slip Op 06281, Appellate Division, Third Department
Whether sufficient overall control existed is a factual issue for the Comptroller, and his resolution of it will be upheld if supported by substantial evidence in the record.
The record before the court included Dr. Devore’s testimony, as well as testimony of officials from most of the school districts, all of which specified how the school districts exercised significant control over aspects of Dr. Devore’s work. The only potential inconsistency was while the school districts had all categorized Dr. Devore as an employee by 2006, Dr. Devore had previously executed agreements with the school districts that categorized her as an independent contractor.