You are here: / / Professional Photographer Deemed Employee of New York Post

Professional Photographer Deemed Employee of New York Post

The Third Department determined the claimant photographer demonstrated she was an employee of the New York Post, and therefore was entitled to unemployment benefits:

The existence of an employer-employee relationship presents a factual question for the Board to resolve … . Where, as here, “professionals are involved, the relevant inquiry is whether the purported employer retains overall control of important aspects of the services performed” … . Accordingly, “[a]; determination identifying professional workers as employees will be upheld if substantial evidence in the record demonstrates that the employer had control over important aspects of the services performed, even if the worker[]; retain[ed]; control over the[]; work product and the means of crafting it” … .

Following an initial interview and completion of a trial photography session, which was designed “to see if she was good enough to receive assignments” from NYP, claimant consistently received assignments from NYP by telephone or email and worked a “pretty set schedule” of four days each week. According to an NYP representative, these assignments were distributed based upon NYP’s “view of [claimant’s]; suitability for a particular story or picture situation,” and NYP set claimant’s daily rate of pay. Claimant testified that she was given specific instructions for her assignments “most of the time,” which on occasion included “really specific directions about what kind of picture [NYP]; wanted.” Additionally, claimant was required to call in at the beginning and end of her assignments and “couldn’t just go home” if she finished an assignment early. Although claimant admittedly provided her own equipment, NYP specified — in a March 2006 memorandum — the type of camera lens that claimant was required to use, as well as the quantity and selection of photographs that she was to submit. Similarly, while claimant retained the copyright to her photographs, she was precluded from granting rights to those pictures to any newspaper located within a 75-mile radius of New York City without NYP’s prior express approval. Finally, NYP reimbursed claimant for certain of her expenses.

Such proof, in our view, supports the Board’s finding of an employer-employee relationship as to claimant and others similarly situated … . Matter of Nance…, 2014 NY Slip Op 03720, 3rd Dept 5-22-14

 

You might also like
FAMILY COURT DID NOT HAVE THE AUTHORITY TO, SUA SPONTE, ADD A PARTY TO THIS PATERNITY PROCEEDING; APPLICABLE LAW EXPLAINED (THIRD DEPT).
Criteria for Common Law or Implied Indemnification Explained
MISTRIAL BASED UPON DEFENSE COUNSEL’S CONFLICTS OF INTEREST WAS PROPERLY GRANTED WITH DEFENDANT’S CONSENT; DOUBLE JEOPARDY DID NOT ATTACH (THIRD DEPT).
Employer’s Claim for Reimbursement from the Special Disability Fund for Death Benefits Paid Re: an Employee Who Died from Dust Disease Time-Barred—Even Though the Injury to the Employee Predated the Last Date for Such Claims, the Death Occurred After the Statutory Cut-Off Date
POSSESSION OF MARIJUANA CONSTITUTED DISQUALIFYING MISCONDUCT.
THE MANNER IN WHICH A PRISON BODY CAVITY SEARCH WAS CONDUCTED DEEMED UNREASONABLE AND A VIOLATION OF THE FOURTH AMENDMENT, COCAINE SEIZED FROM DEFENDANT’S BUTTOCKS-AREA SHOULD HAVE BEEN SUPPRESSED (THIRD DEPT).
SUPREME COURT SHOULD NOT HAVE DEVIATED FROM THE STIPULATION ENTERED INTO BY THE PARTIES WHICH DESCRIBED THE DAMAGES AVAILABLE UNDER REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL) FOR THE INADVERTENT REMOVAL OF TREES FROM PLAINTIFFS’ PROPERTY BY DEFENDANTS (THIRD DEPT).
Hearsay Alone Will Not Support Revocation of Probation/Failure to Pay Restitution Will Not Support Revocation of Probation If Due to an Inability to Pay

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Question of Fact Raised Re: Negligent Supervision of Student by School in an... English Judgment Enforceable by New York Courts Without Demonstration of Subject...