You are here: / / PART-TIME AEROBICS INSTRUCTOR WAS AN EMPLOYEE.

PART-TIME AEROBICS INSTRUCTOR WAS AN EMPLOYEE.

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)

You might also like
QUESTIONS OF FACT WHETHER THE EMPLOYEE WAS DRIVING THE EMPLOYER’S TRUCK WITH THE EMPLOYER’S PERMISSION AND WHETHER THE EMPLOYEE WAS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN THE TRAFFIC ACCIDENT OCCURRED (THIRD DEPT).
AT THE TIME OF THE JUVENILE’S ADMISSION TO POSSESSION OF STOLEN PROPERTY THE JUDGE DID NOT INFORM HIM OR HIS MOTHER OF THE EXACT NATURE OF HIS “PLACEMENT OUTSIDE THE HOME OR ITS POSSIBLE DURATION” AS REQUIRED BY FAMILY COURT ACT SECTION 3213(1); ORDER REVERSED (THIRD DEPT).
Subsequent Action Which Included Claims Which Could Have Been Raised in the First Action Precluded by Doctrine of Res Judicata
Imposition of Fine After Promise No Fine Would Be Imposed Required Vacation of Guilty Plea
Fact that Notary Public Did Not Administer an Oath to the Signatories on the Designating Petition Did Not Invalidate the Petition
THE AWARD OF PREJUDGMENT INTEREST IN A BREACH OF CONTRACT ACTION IS REQUIRED BY CPLR 5001; THE REQUEST FOR PREJUDGMENT INTEREST SHOULD NOT HAVE BEEN DENIED BASED ON A FIVE-YEAR DELAY IN BRINGING SUIT (THIRD DEPT).
THE RECORD DID NOT DEMONSTRATE THE PARENTS COULD NOT COMMUNICATE ABOUT THE NEEDS OF THE CHILD AND THEREFORE DID NOT SUPPORT AWARDING SOLE CUSTODY TO FATHER; THE JUDGE SHOULD NOT HAVE LEFT IT UP TO THE PARTIES TO CRAFT A PARENTING-TIME SCHEDULE; A CHILD’S TESTIMONY IN A LINCOLN HEARING HAS NO INDEPENDENT EVIDENTIARY VALUE AND MUST BE KEPT CONFIDENTIAL (THIRD DEPT). ​
Children’s Hearsay Alleging Abuse by Father Was Not Corroborated; Change in Custody Should Not Have Been Granted

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

LANDLORD ACCEPTED TENANT’S SURRENDER OF THE PREMISES BY OPERATION OF LAW,... CONSULTANT HIRED TO EVALUATE TEACHERS WAS AN EMPLOYEE.