FITNESS INSTRUCTOR NOT AN EMPLOYEE.

The Third Department determined claimant, a fitness instructor at a senior living facility (Classic Riverdale), was not an employee, and was not, therefore, entitled to unemployment insurance benefits:

 

After learning from a client that Classic Riverdale was seeking an exercise instructor, claimant contacted the facility’s executive director and offered his services. Claimant and the director negotiated a flat fee for each class and set a schedule for the classes. Classic Riverdale did not provide any training or require claimant to wear a uniform. He was not required to punch in or out on the employee time clock, did not use the employee facilities, such as the locker room or cafeteria, and was not invited to attend employee meetings. Claimant alone determined the content of the classes and method of instruction … . There was no limitation placed on the amount of time that claimant could miss from work and his attendance was not monitored. He was never given a performance evaluation and was not subject to any form of discipline … . Claimant also maintained his own liability insurance … . Notably, in addition to providing classes at the facility, claimant also provided services to other clients and solicited the facility’s residents for private, one-on-one classes without any objection from Classic Riverdale … . Matter of Cohen (Classic Riverdale, Inc.–Commissioner of Labor), 2016 NY Slip Op 01222, 3rd Dept 2-18-16

 

UNEMPLOYMENT INSURANCE (FITNESS INSTRUCTOR NOT AN EMPLOYEE)