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Claimant-Interpreter Properly Found to Be an Employee, Not an Independent Contractor

The Third Department determined claimant interpreter was properly determined to be an employee of LIS (not an independent contractor) and was therefore entitled to unemployment insurance benefits:

Here, the evidence established that claimant responded to an advertisement for interpreters posted online by LIS, was screened and approved by LIS, and executed a contract specifying the hourly rate of compensation and setting forth numerous rules of conduct [FN1]. Clients contact LIS to request interpreter services; LIS then selects one of its interpreters, contacts the interpreter and provides him or her with the details of the assignment. Once committed to an assignment, interpreters may not send a substitute without that substitute having been prescreened by LIS. LIS supplies its interpreters with time sheet forms that must be submitted within 24 hours of an assignment and pays the interpreters directly based upon an hourly rate of pay set forth in the interpreters’ contracts with LIS. LIS also reimburses interpreters for transportation costs associated with assignments. Notwithstanding record proof that could support a contrary result, the foregoing proof constitutes substantial evidence supporting the determination that claimant and others similarly situated are employees of LIS and not independent contractors… . Matter of Ruano …, 2014 NY Slip Op 04108, 3rd Dept 6-5-14

 

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