You are here: / / PART-TIME BOOKKEEPER WAS AN EMPLOYEE

PART-TIME BOOKKEEPER WAS AN EMPLOYEE

The Third Department determined claimant, a part-time bookkeeper for AIS, was an employee entitled to unemployment insurance benefits:

Here, claimant responded to a job advertisement placed by AIS, submitted a resume and was interviewed by AIS’s office manager. She was hired at an agreed-upon hourly wage and performed her duties at AIS, where she shared an office with the clinical director and was provided with a computer, bookkeeping software, an email account and a key to the office. Although she was not required to work a set schedule, claimant testified that she was expected to work a total of 24 hours per week. She was also expected to notify AIS of the specific hours that she would be working each week and submit documentation detailing her hours, which had to be reviewed and approved by the clinical director in order to receive payment. She was paid by means of a biweekly paycheck, although payroll taxes were not deducted. In addition, she was required to attend staff meetings when they dealt with business-related matters, and she interacted with both AIS personnel as well as its outside certified public accountant regarding such matters. In our view, the foregoing illustrates that AIS retained sufficient control over claimant’s work to be considered her employer… . Matter of Stewart (American Inst. for Stuttering–Commissioner of Labor), 2016 NY Slip Op 01720, 3rd Dept 3-10-16

UNEMPLOYMENT INSURANCE (PART-TIME BOOKKEEPER WAS AN EMPLOYEE)

You might also like
THE DOCTRINE OF COLLATERAL ESTOPPEL DID NOT PRECLUDE THIS ACTION TO DETERMINE THE VALIDITY OF THE PURPORTED 2017 ELECTION OF THE BOARD OF DIRECTORS; THE PRIOR ACTION CONCERNED ONLY THE VALIDITY OF THE PURPORTED 2019 ELECTION OF THE BOARD OF DIRECTORS (THIRD DEPT).
THE 10-DAY PERIOD DURING WHICH PETITIONER POLICE OFFICER MUST APPLY FOR DISABILITY BENEFITS STARTED TO RUN WHEN HE LEARNED HE HAD SUFFERED PERMANENT LUNG DAMAGE, NOT WHEN HE FIRST CONTRACTED COVID; PETITIONER’S APPLICATION FOR DISABILITY BENEFITS SHOULD NOT HAVE BEEN DENIED AS UNTIMELY (THIRD DEPT). ​
Contract Action Barred by Statute of Frauds Did Not Preclude Action Based Upon Quantum Meruit
Adverse Possession Not Demonstrated
IN THE FACE OF AN ALLEGATION OF CONFLICT OF INTEREST, SUPREME COURT PROPERLY ORDERED DEFENSE COUNSEL TO PROVIDE STATEMENTS FROM THE JOINTLY REPRESENTED DEFENDANTS CONSENTING TO THE REPRESENTATION.
CLAIMANT, A TEACHER IN A CATHOLIC SCHOOL, WAS NOT GIVEN ENOUGH TIME TO CONSULT WITH HER DOCTOR ABOUT WHETHER TO OBEY THE COVID VACCINE MANDATE; THE DENIAL OF UNEMPLOYMENT INSURANCE BENEFITS REVERSED AND THE MATTER REMITTED (THIRD DEPT).
Election Law Which Restricts Where Certain Candidates’ Names May Appear on the Ballot (Election Law 7-104 (4) (c)) Declared Constitutional
AFTER DECLARING A MISTRIAL, THE JUDGE DID NOT DISMISS THE INDICTMENT OR AUTHORIZE A NEW INDICTMENT; THE SUPERSEDING INDICTMENT WAS THEREFORE A NULLITY; BECAUSE THE DEFENDANT WAS CONVICTED OF TWO COUNTS IN THE SUPERSEDING INDICTMENT WHICH WERE IN THE ORIGINAL INDICTMENT (WHICH WAS STILL VALID) THOSE CONVICTIONS WERE ALLOWED TO STAND; THE CONVICTION ON THE COUNT WHICH WAS NOT IN THE ORIGINAL INDICTMENT WAS REVERSED; DOUBLE JEOPARDY DOES NOT ATTACH AFTER A MISTRIAL (THIRD DEPT).

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

CRISIS COUNSELOR WAS AN EMPLOYEE. SIX-YEAR STATUTE OF LIMITATIONS APPLIES TO BREACH OF FIDUCIARY DUTY CLAIMS WHICH...