The Third Department, reversing the Unemployment Insurance Appeal Board, determined claimant security officer was not an employee of TMR, which was essentially a placement service which posted security jobs on a secure website:
TMR posted security-related jobs on a secure website for its clients, who dictated the hours to be worked, as well as the scope of services that were needed. The security officers, after browsing through these postings, would request to work on any particular job, which TMR ultimately awarded on a “first come, first serve” basis. The security officers were free to select a job that they wanted and were not prohibited from seeking jobs from TMR’s competitors. TMR did not provide the security officers with training or equipment nor did TMR pay the security officers a set hourly rate. Furthermore, once TMR placed the security officer with a client, TMR did not enter into a contract with the security officer. While a security officer could be in the middle of a continuing job for a client, he or she was nonetheless free to leave at any point and work elsewhere. In addition, if an issue arose with the security officer’s performance, the client dealt with the security officer directly, and TMR would be notified if it needed to provide a substitute security officer. Matter of TMR Sec. Consultants, Inc. (Commissioner of Labor), 2016 NY Slip Op 08922, 3rd Dept 12-29-16
UNEMPLOYMENT INSURANCE (SECURITY OFFICERS NOT EMPLOYEES OF PLACEMENT SERVICE)/SECURITY OFFICERS (UNEMPLOYMENT INSURANCE, SECURITY OFFICERS NOT EMPLOYEES OF PLACEMENT SERVICE)