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Music Teachers Were Employees Entitled to Unemployment Insurance Benefits—Criteria for Professionals, Like Musicians, Who Do Not Lend Themselves to Direct Supervision or Control, Explained

The Third Department determined music teachers were employees of Encore Music, a service which connected students with teachers for a portion of the fees paid by the students.  Encore unsuccessfully argued the teachers were independent contractors:

…”[W]here the details of the work performed are difficult to control because of considerations such as professional . . . responsibilities,” courts have applied the “‘overall control'” test, which requires that the employer exercise control over “‘important aspects of the services performed'” …, a test which has been applied to musicians who “do not easily lend themselves to direct supervision or control” … . Further, “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 an employment relationship” … .

…Encore screened the teachers, checked their references, conducted criminal background checks and then matched students to teachers based upon a variety of factors, including qualifications. Encore thereafter followed up with the students after lessons to ensure that they were satisfied. Encore set the lesson fees, which were generally the same for all teachers with some exceptions, billed students directly and paid teachers regardless of whether the students paid Encore. Although teachers used their own equipment, determined the lesson plans or methods and could decline students, they were required to sign a contract that provided that they would, “when reasonably requested by [Encore], act as a music lesson instructor.” The contract also contained a clause prohibiting teachers from soliciting Encore’s students that was in effect during the contract and for three years after its expiration, although teachers were allowed to work for competitors and to have their own private students. Matter of Encore Music Lessons LLC (Commissioner of Labor), 2015 NY Slip Op 04553, 3rd Dept 5-28-15

 

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