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Interpreter Working for Office of Court Administration Was an Employee, Not an Independent Contractor

The Third Department determined claimant, a Spanish interpreter working for the Office of Court Administration (OCA), was an employee, not an independent contractor, but declined to extend the holding to others similarly situated:

Whether an employer-employee relationship exists “is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence” … . “While no single factor is determinative, control over the results produced or the means used to achieve those results are pertinent considerations, with the latter being more important” … . We find that substantial evidence supports the Board’s decision that OCA exercised sufficient supervision, direction and control over this claimant’s work activities to establish an employer-employee relationship, but decline to extend this holding to others “similarly situated.”

During the nearly 2½ years that claimant worked at the Bronx Family Court, she was required to work a set schedule from 9:30 a.m. to 4:30 p.m. … . When first assigned to that court, she was scheduled to report for a few weeks, but it was not long before claimant was scheduled monthly in advance … . Although claimant did not have to accept assignments, once she was on the schedule, she could not take time off, nor was she allowed to send someone in her place … ; if she knew she needed time off, she was expected to tell her supervisor in advance so she would not be put on the schedule … . Upon arriving at work each morning, claimant reported to the senior court interpreter, who told her where to report. OCA set claimant’s rate of pay … and, upon reporting to the court, she was paid — by direct deposit into her personal checking account — whether or not she actually provided interpreting services … . * * * Matter of Viau…, 2015 NY Slip Op 01691, 3rd Dept 2-26-16

 

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