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You are here: Home1 / Unemployment Insurance2 / Interpreter Working for Office of Court Administration Was an Employee,...
Unemployment Insurance

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

 

February 26, 2015
Tags: Third Department
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