Copy Writer and Editor Was an Employee

The Third Department determined claimant copy writer and editor was an employee of Fox Mobile Distribution and was therefore entitled to unemployment insurance benefits:

Here, the record contains substantial evidence that Fox exercised the requisite control over claimant’s work product to establish her status as its employee. Claimant was paid at a set hourly wage, entitled to reimbursement for approved travel and expenses and provided a cellular phone to test Fox’s products … . The project team leaders — who were employees — educated her regarding the product, delegated specific writing or editing tasks, provided direction and set completion deadlines. Claimant regularly reviewed her work progress with the project manager, received ongoing feedback and made necessary revisions and adjustments … . She was also required to come to Fox’s office for meetings and reviews of her copy. The fact that the parties’ agreement designated claimant as a contractor is not dispositive … . Matter of Eckert (Fox Mobile Distrib. LLC–Commissioner of Labor), 2015 NY Slip Op 08489, 3rd Dept 11-19-15