December 28, 2021

Determining if an employer-employee relationship exists between the parties

Citing Matter of Mayo [Epstein-Commissioner of Labor], 193 AD3d 1199, the Appellate Division opined that the Unemployment Insurance Appeal Board's determination concerning the existence of an employer-employee relationship with respect to the parties involved will be sustained if supported by substantial evidence in the record and determined by considering all aspects of the working arrangement including, but not limited to, "the key question of whether the putative employer exercised control over the results produced by the worker or the means used to achieve the results." 

Click HEREto access the Appellate Division's holding in this case.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.