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Customer Service Representative Working from Home Properly Determined to Be an Employee

The Third Department determined there was substantial evidence to support the finding claimant was an employee of PRF.  Claimant worked from home booking reservations at off-site parking facilities near airports:

Although claimant and other representatives worked from home and were required to provide their own Internet service, PRF furnished them with special phones that utilized the voice over Internet protocol necessary to assist customers. In addition, PRF provided training on use of the phones as well as the services that it provided to its customers. Although PRF did not establish set hours and allowed the representatives to hold other jobs, it set up a schedule online that the representatives completed by selecting the hours that they wished to work, and PRF emailed them their final schedules. Claimant and the other representatives submitted invoices for hours worked that PRF would, in turn, check against their work schedules. Notably, PRF was able to monitor the representatives while they were assisting customers to verify that they were working and to ensure quality service. Moreover, PRF handled customer complaints and took corrective action where necessary. Matter of Aussicker (Park Ride Fly USA–Commissioner of Labor), 2015 NY Slip Op 04376, 3rd Dept 5-21-15

 

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