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BRAND AMBASSADOR WAS NOT AN EMPLOYEE.

The Third Department determined a “brand ambassador” hired by G&R (an entertainment and communication business) to promote products at live events was not an employee and therefore was not entitled to unemployment insurance benefits:

Here, the uncontroverted testimony of G & R’s account executive established that G & R did not train or instruct claimant on his duties for this event, was not present on the event day and lacked any authority to and did not supervise claimant or the means by which he performed these duties for the client. G & R advertised the position on a Facebook page for brand ambassadors, using information about the event position provided by the client, and it received via email resumes and accompanying photographs from applicants, which it reviewed and submitted to the client, which selected its brand ambassadors. Claimant was free to decline the position and was permitted to and had worked for other brand promoters; after the client selected claimant and other individuals for this event, G & R provided them with written show information and guidelines supplied by the client, which outlined the details and expectations for the event.

G & R also sent claimant a welcome letter agreement — that the parties signed — designating him as an independent contractor and that required, among other provisions, that any substitutes be approved; it also set forth the client’s expectations and rules … . Matter of Berger (Gail & Rice, Inc.–Commissioner of Labor), 2016 NY Slip Op 06527, 3rd Dept 10-6-16

UNEMPLOYMENT INSURANCE (BRAND AMBASSADOR WAS NOT AN EMPLOYEE)/BRAND AMBASSADOR (UNEMPLOYMENT INSURANCE, BRAND AMBASSADOR WAS NOT AN EMPLOYEE)

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