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Tutors Are Employees Entitled to Unemployment Insurance

The Third Department affirmed the Unemployment Insurance Appeals Board' determination that tutors were employees of “Ivy League” entitled to unemployment insurance:

This Court previously has held that “an organization which screens the services of professionals, pays them at a set rate and then offers their services to clients exercises sufficient control to create and employment relationship” … . Here, there is no question that Ivy League screened, interviewed and conducted a criminal background check with respect to prospective tutors, paid the tutors affiliated with it an agreed-upon hourly rate based upon documentation submitted by the tutors and matched individual clients with the tutor that it deemed best suited for that particular client's needs. Additionally, pursuant to the terms of the written agreement governing Ivy League's relationship with each individual tutor, Ivy League restricted the tutor's solicitation of Ivy League's clients — both during the period of time encompassed by the particular contract and for three years thereafter. Matter of Ivy League Tutoring Connection Inc…, 2014 NY Slip Op 05481, 3rd Dept 7-24-14

 

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