The Third Department determined a part-time aerobics instructor at a fitness club (Synchronicity) was an employee entitled to unemployment insurance benefits:
Here, the evidence in the record reflects that Synchronicity established the fees that members of its fitness club were required to pay for their membership and claimant’s aerobics classes. Members would pay those fees to Synchronicity directly; claimant never collected money from any of the club’s members or charged them for attending her aerobics classes. While there is evidence that claimant’s rate of pay was negotiated, the record also reflects that all instructors at the fitness club were paid the same amount and were directly paid by check from Synchronicity once a week. While claimant would bring some of her own fitness equipment for her classes, including music and Pilates equipment, Synchronicity also provided her with an instruction room and made certain fitness equipment available to her, such as steps and free weights. Further, claimant was not allowed to solicit members of the club to attend classes that she offered at other fitness clubs. Matter of Raynor (Commissioner of Labor) 2016 NY Slip Op 00558, 3rd Dept 1-28-16
UNEMPLOYMENT INSURANCE (PART-TIME AEROBICS INSTRUCTOR WAS AN EMPLOYEE)