Service as an independent contractor does not count in qualifying for unemployment insurance benefits

Service as an independent contractor does not count in qualifying for unemployment insurance benefits

Matter of Tkachyshyn (Commissioner of Labor), 2013 NY Slip Op 06057, Appellate Division, Third Department

Volodymyr I. Tkachyshyn, a substitute teacher and math tutor, filed three claims for unemployment insurance benefits.

Although initially deemed eligible for benefits in each instance, following Appellate Division’s decision in Leazard v TestQuest, Inc., 74 AD3d 1414, the Department of Labor issued revised decisions finding that earnings in connection with tutoring services through TestQuest, Inc. was not covered employment for the purposes of qualifying for unemployment insurance benefits “given that tutors such as [Tkachyshyn] were independent contractors.”

The Appellate Division commented that in “TestQuest, Inc. tutors such as claimant were deemed by this Court to be independent contractors … which decision is conclusive and binding upon all such persons employed by TestQuest, Inc.,” citing Labor Law §620[1][b].*Thus, said the court, those earnings cannot qualify for inclusion as remuneration in the base periods to determine eligibility for unemployment insurance benefits.**

As the record establishes that Tkachyshyn did not have sufficient covered earnings to file a valid original claim pursuant to Labor Law §527 in either his base period or alternate base period for any of the three claims, the Appellate Division found that substantial evidence supports the Board's decision and dismissed his appeal.

* §620[1][b] of the Labor Law, in pertinent part, provides that the hearing officer’s “decision shall not be deemed limited in its effect to the immediate claimant making the claim for benefits but shall be deemed a general determination of such questions with respect to all those employed by such person or employer for all the purposes of this article, and such decision shall be conclusive and binding upon the claimant and such person or employer…”.

** The Appellate Division noted that “notwithstanding the absence of any fault on the part of Tkachyshyn, he was charged with a recoverable overpayment of federal emergency unemployment compensation funds. Whether Tkachyshyn was eligible for a waiver of recoverability of those benefits was referred back to the Department of Labor and was not at issue on this appeal.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2013/2013_06057.htm
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October is Cyber Security Awareness Month in New York State - ACT – Achieve Cyber security Together

October is Cyber Security Awareness Month in New York State - ACT – Achieve Cyber security Together Source: Office of the Governor - Thomas D. Smith, NYS Chief Information Security Officer

Governor Andrew M. Cuomo announced the start of Cyber Security Awareness Month in New York State and issued a proclamation in support to raise citizen awareness about cyber based threats and how to stay safe online at: http://www.dhses.ny.gov/go/proclamation2013.  The NYS Office of Information Technology Services, Enterprise Information Security Office (ITS EISO) is providing a number of educational resources to the public, including an electronic Cyber Security Awareness Toolkit.  The Toolkit includes cyber security themed posters, calendars, guides, brochures, and other content that can be downloaded to help promote and reinforce cyber safety in practical, informative, entertaining, and usable ways.  The Toolkit material may be found at www.dhses.ny.gov/ocs/awareness-training-events/#awareness. N.B. In conjunction with Cyber Security Awareness Month, the NYS ITS EISO is coordinating a statewide cyber security poster contest for students in grades Kindergarten-12.  This is a timely opportunity for school art and technology teachers to promote keeping children safe online in a fun way.  Entries may be used in state, regional, and national computer security awareness campaigns.  New York State winners will be featured on the ITS website and entered into the National Contest with the opportunity to be featured in the 2015 Cyber Security Calendar.  For more information on the poster contest, please visit http://www.dhses.ny.gov/ocs/awareness-training-events/events/2013/index.cfm and click on the Poster Contest tab. While there are many steps that can be taken to keep personal information and data secure, below are some helpful cyber security tips to follow provided by the Governor’s Office: Secure your computer:  Keep your operating system and application software updated and patched. Be sure to check that your anti-virus and anti-spyware software is running and receiving automatic updates.  Confirm that your firewall is enabled. Use Strong Passwords:  Passwords should have at least eight characters and include letters (uppercase and lowercase), numbers, and special characters.  It is important to maintain separate passwords for different accounts to reduce the likelihood that the compromise of one password will make other accounts vulnerable as well.  Developing good password practices will help keep your personal information and identity secure. Secure your online transactions:  When submitting sensitive information, look for the "lock" icon on the browser's status bar to be sure your information is sent securely during transmission.  Also be sure that "https" appears in the website's address bar before making an online transaction.  The "s" stands for "secure" and indicates that communication with the webpage is encrypted. Don't reveal personal information online:  The less information you post, the less data you make available for a cyber criminal to use in a potential attack or scam. Protect your laptop, smartphone, or other portable devices when traveling:  Just as your wallet contains lots of important and personal information that you wouldn't want to lose, so do your portable devices.  Don't let them out of your sight.  Never store your laptop in checked luggage.  If there is a room safe available at your hotel, use it to securely store your devices.  In addition, make sure you have strong passwords on these devices in the event they are lost or stolen. Be aware that public computers and public wireless access are not necessarily secure:  Cyber criminals can potentially access any information you provide, such as credit card numbers, passwords or other confidential information.  Do not conduct any sensitive transactions on public Wi-Fi sites. Do not email sensitive data:  Beware of emails requesting account or purchase information.  Legitimate businesses do not solicit sensitive or confidential information through email. Dispose of information properly:  When it's time to dispose of your computer or mobile device, make sure you have a process in place to completely erase your information or physically destroy the hard drive. Properly erasing your hard drive thwarts efforts to steal your information. More information on Cyber Security Awareness Month is posted on the Internet at: http://www.dhses.ny.gov/ocs/awareness-training-events/events/2013/index.cfm. .

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending October 5, 2013

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending October 5, 2013

Click on text highlighted in color  to access the full report 

A.G. Schneiderman & Comptroller Dinapoli Announce Arrest Of Highway Superintendent For Stealing More Than $50k In Goods & Services

Attorney General Eric T. Schneiderman and Comptroller Thomas P. DiNapoli announced Tuesday the arrest of Roger Burlew, Highway Superintendent for the Town of Erin, for stealing more than $50,000 in goods and services. The Attorney General’s criminal complaint alleges Burlew stole the money by submitting fraudulent vouchers for payment to the Town of Erin. The Joint Task Force on Public Integrity is a cooperative effort between Attorney General Schneiderman’s and Comptroller DiNapoli’s offices to root out public corruption and maximize the resources of each office.

DiNapoli: Binghamton Parks & Rec Director Allegedly Stole Nearly $108,000

The director of Binghamton’s Parks and Recreation Department pocketed nearly $108,000 in taxpayer funds and allegedly used the cash to pay for his mortgage, summer rental, car lease, and loans to his sons, according to an auditby New York State Comptroller Thomas P. DiNapoli.

DiNapoli: County Jail Inmates Received Improper Welfare and Unemployment Insurance Benefits

An auditof five counties by State Comptroller Thomas P. DiNapoli’s office found that hundreds of county jail inmates received inappropriate payments totaling more than $236,000 from various social welfare programs and almost $325,000 in state unemployment insurance (UI). The inappropriate benefits were caused by deficiencies in how four of the five counties monitored the eligibility of jail inmates for welfare payments, and by a combination of potential fraud and delays providing the state Department of Labor (DOL) with information about inmates receiving UI benefits.

DiNapoli: Audit Cites Town of Shandaken Employee for Stealing Funds

The secretary of the Ulster County town of Shandaken highway department misused more than $20,000, including $5,000 in federal funding that was earmarked for flood cleanup costs, according to an audit released by State Comptroller Thomas P. DiNapoli. The findings of the Comptroller’s audit and investigation were referred to the New York State Police. They arrested Florence Sullivan on July 17 and charged her with one count of grand larceny in the third degree, one count of falsifying business records in the first degree and one count of scheme to defraud in the first degree.

DiNapoli Tours Rochester–based Vnomics to Promote Pension Fund’s In–State Private Equity Program

State Comptroller Thomas P. DiNapoli toured Vnomics Corp., a Rochester-based provider of fleet management software, to highlight investments made by the State Common Retirement Fund’s In–State Private Equity Program in companies emerging from New York’s universities. The Fund has invested more than $500,000 in the company since 2011 through High Peaks Venture Partners.

DiNapoli Releases Bond Calendar for Fourth Quarter

New York State Comptroller Thomas P. DiNapoli announced a tentative schedule for the planned sale of obligations for the State, New York City, and their major public authorities during the fourth quarter of 2013.

Comptroller DiNapoli Releases School Audits

New York State Comptroller Thomas P. DiNapoli announced his office completed audits of:

the Hudson City School District,

the Islip Union Free School District, and

the Ramapo Central School District.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli announced his office completed audits of:

the Cayuga County Probation Department,

the Coldspring Fire District, and

the Town of Stockport.

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