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NEWSPAPER CARRIER WAS AN EMPLOYEE ENTITLED TO BENEFITS.

The Third Department determined claimant, who delivered newspapers for CFHI using her own car, was an employee entitled to unemployment benefits. Claimant ended her contract because of problems with her car:

Here, claimant responded to a newspaper advertisement soliciting motor route carriers and was retained by CFHI after meeting with its district manager. Claimant signed an independent contractor distributor agreement that (1) assigned her specific routes, (2) required her to furnish her own vehicle with proof of insurance, (3) set forth specific rates governing her compensation, (4) required her to deliver newspapers in a dry condition by specified times, (5) imposed a penalty upon her if CFHI had to make a delivery due to a subscriber complaint, and (6) provided for termination of the contract by CFHI in the event that claimant received more than 10 subscriber complaints. Although no formal training was provided by CFHI, its district manager reviewed a checklist with claimant containing detailed information that she needed to know to perform her duties. In addition, CFHI provided claimant with optional property damage and personal injury insurance for purchase through an independent carrier, made available supplies, such as rain bags and rubber bands, for claimant to purchase, prohibited claimant from placing any inserts or other materials in the newspapers to be delivered and fielded customer complaints before referring them to claimant. As in many of the other newspaper delivery carrier cases, the record as a whole contains substantial evidence to support the conclusion that CFHI retained a sufficient indicia of control over the performance of claimant's duties to establish the existence of an employment relationship … . Matter of Rosenfelder (Community First Holdings, Inc.–Commissioner of Labor), 2016 NY Slip Op 01888, 3rd Dept 3-17-16

UNEMPLOYMENT INSURANCE (NEWSPAPER CARRIER WAS AN EMPLOYEE ENTITLED TO BENEFITS)

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