LIMOUSINE DRIVER WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT).

The Third Department determined a limousine driver for XYZ was an employee entitled to unemployment insurance benefits:

XYZ imposed rules “regarding every aspect of claimant’s performance” and thereby “exercised control over the results produced [and, more importantly,] the means used” to service XYZ’s clients … . While XYZ was obligated to comply with the rules governing the for-hire car service industry established by the Taxi and Limousine Commission, the testimony and a comparative review of the rules together established that XYZ’s rules were significantly more specific and detailed or involved interpretations that often went well beyond the Commission’s rules … . Indeed, an officer of XYZ explained that these additional specific requirements were designed “to satisfy the customer expectation.” Thus, as we have consistently done in similar cases, we find that substantial evidence supports the Board’s factual determination that claimant was an employee of XYZ, despite the existence of evidence that might support a contrary conclusion … . Matter of Jung Yen Tsai (XYZ Two Way Radio Serv., Inc.–Commissioner of Labor), 2018 NY Slip Op 07807, Third Dept 11-15-18

UNEMPLOYMENT INSURANCE (LIMOUSINE DRIVER WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT))/LIMOUSINE DRIVERS (UNEMPLOYMENT INSURANCE, LIMOUSINE DRIVER WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT))