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Newspaper Carriers Were Employees Despite Reference to Them as Independent Contractors In Employment Agreement

The Third Department affirmed the Appeal Board's determination that claimant newspaper-carrier was an employee, not an independent contractor. and therefore was entitled to unemployment insurance benefits, despite the “independent contractor” language in the contract:

“Whether an employment relationship exists within the meaning of the unemployment insurance law is a question of fact, no one factor is determinative and the determination of the. . . [B]oard, if supported by substantial evidence on the record as a whole, is beyond further judicial review even though there is evidence in the record that would have supported a contrary conclusion” … . “An employer-employee relationship exists when the evidence shows that the employer exercises control over the results produced or the means used to achieve the results [although] control over the means is the more important factor to be considered” … .

The evidence provided ample support for the Board's finding that [the employer] exercised control over significant aspects of the carriers' work and the means used to achieve timely and proper deliveries, and the Board's determination that the carriers were its employees is consistent with prior cases involving essentially similar facts … . … “[a] different finding is not compelled by the existence of a written agreement that identifies claimant as an independent contractor” … . Matter of Isaacs…, 2015 NY Slip Op 01215, 3rd Dept 2-11-15

 

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