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Limousine Driver Properly Found to Be an Employee

The Third Department determined claimant was an employee of SUK, a limousine service, and therefore was entitled to unemployment insurance benefits.  The court noted that the Unemployment Insurance Appeal Board (Board) need not distinguish every arguably similar case it has previously decided:

“An employer-employee relationship exists when the evidence shows that the employer exercises control over the results produced or the means used to achieve the results,” with control over the latter being more important … .

Here, the record establishes that SUK assigned jobs to claimant and fielded complaints from its customers. Additionally, SUK imposed numerous restrictions upon claimant, including prohibiting him from working with its competitors, imposing detailed rules as to acceptable work dress and behavior and requiring him to drive a specific type of car. SUK also set the rate collected from the passengers and handled all voucher billing. … …[T]he Board need not “explicitly distinguish in its written decisions each and every arguably similar case that it previously has decided” and, hence, was not required to address the distinguishable cases relied upon by SUK … . Matter of June-Il Kim (Suk Inc.–Commissioner of Labor)\, 2015 NY Slip Op 03438, 3rd Dept 4-23-15

 

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