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Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and in other jurisdictions in general.
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."