The Third Department determined a housekeeper was an employee of Today’s Cleaning Service (TCS), a referral agency which provided housekeepers for clients and was therefore entitled to unemployment insurance benefits:
The record evidence establishes that TCS solicited applicants through online advertisements and through its website — which claimant used to complete an application and submit her résumé — and screened the applications that it received … . TCS’s hiring process also required claimant to complete several jobs on a voluntary and trial basis, during which she would work alongside an experienced housekeeper who would report back on claimant’s work and ability to effectively provide services for TCS’s clients. The initial rate of pay was established and set by TCS, and TCS paid claimant by check. TCS informed claimant of her scheduled jobs — which claimant was required to promptly accept or reject — and the nature and scope of services required for each. During the performance of those cleaning services, TCS required claimant to wear an identification badge reflecting her affiliation with TCS … . TCS also provided its clients with “scoreboards” that the clients could use to evaluate the services provided and inform TCS of a housekeeper’s performance, which TCS could consider when assigning future jobs. If claimant was unable to provide an agreed-upon service or report for a job, claimant was required to immediately inform TCS, and TCS would secure a substitute … .
Although claimant was allowed to keep any existing clients upon being hired by TCS and could work for other employers, the written referral agreement governing TCS’s relationship with each housekeeper prohibited solicitation of TCS’s clients for one year after the time period encompassed by the agreement and specified that TCS’s client information remained the private property of TCS… . Matter of Jachym (Today’s Cleaning Serv.–Commissioner of Labor), 2016 NY Slip Op 06523, 3rd Dept 10-6-16
UNEMPLOYMENT INSURANCE (HOUSEKEEPER WAS EMPLOYEE OF CLEANING REFERRAL AGENCY)/HOUSEKEEPER (UNEMPLOYMENT INSURANCE, HOUSEKEEPER WAS EMPLOYEE OF CLEANING REFERRAL AGENCY)