You are here: / / TENNIS PRO WAS AN EMPLOYEE.

TENNIS PRO WAS AN EMPLOYEE.

The Third Department determined tennis pro who provided lessons for TDA, an indoor tennis club, was an employee entitled to unemployment insurance benefits:

The testimony at the hearing established that TDA is solely responsible for setting the court rental and lesson fees, scheduling lessons, assigning tennis pros to clients who sign up for lessons and dictating which particular tennis court is to be used for each lesson. For certain group lessons, TDA even directs what type of stroke the tennis pros must teach. If a client is dissatisfied with a tennis pro’s services, the complaint is handled by TDA. In addition, in the event that a tennis pro is unable to attend a scheduled lesson, TDA facilitates the rescheduling of the lesson or the coordinating of a substitute tennis pro to teach the lesson. According to the testimony of claimant and another tennis pro, which the Board explicitly credited, if a tennis pro misses a scheduled lesson and the court cannot be rented to another client, TDA deducts the cost of the court rental fee from the tennis pro’s weekly earnings.

As for payment, each tennis pro is paid per lesson and the pay rate varies depending on, among other things, the pro’s certifications. Seasonal clients — i.e., clients who reserve a court for an entire season — pay their court rental fee up front and then pay the tennis pros directly for each lesson at a rate suggested by TDA and set forth in a contract between TDA and the client.  Matter of Campbell (TDA Indus., Inc.–Commissioner of Labor), 2016 NY Slip Op 06528, 3rd Dept 10-6-16

 

UNEMPLOYMENT INSURANCE (TENNIS PRO WAS AN EMPLOYEE)/TENNIS PRO (UNEMPLOYMENT INSURANCE, TENNIS PRO WAS AN EMPLOYEE)

You might also like
Hearsay Insufficient to Support Revocation of Substance Abuse Counselor Credential
AMENDMENT OF THE WORKERS’ COMPENSATION LAW TO REMOVE THE REQUIREMENT THAT A CLAIMANT DEMONSTRATE ATTACHMENT TO THE LABOR MARKET TO BE ENTITLED TO PERMANENT PARTIAL DISABILITY PAYMENTS DID NOT APPLY RETROACTIVELY TO CLAIMANT (SECOND DEPT).
UNDER THE CIRCUMSTANCES, A LINCOLN HEARING WILL PROVIDE INFORMATION PERTINENT TO FATHER’S PETITION FOR A MODIFICATION OF THE CUSTODY ORDER, MATTER REMITTED (THIRD DEPT).
DEFENSE COUNSEL APOLOGIZED TO COUNTY COURT AND INDICATED DEFENSE COUNSEL’S BEHAVIOR MAY HAVE CAUSED THE PEOPLE TO HAVE WITHDRAWN A MORE FAVORABLE PLEA OFFER, COUNTY COURT SHOULD HAVE ASSIGNED SUBSTITUTE COUNSEL AND SHOULD HAVE CONDUCTED AN INQUIRY TO DETERMINE WHETHER THE PEOPLE SHOULD BE COMPELLED TO REOFFER THE PRIOR PLEA DEAL (THIRD DEPT).
DEFAMATION AND MALICIOUS PROSECUTION CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, ELEMENTS EXPLAINED (THIRD DEPT). ​
THE MALICIOUS PROSECUTION CAUSE OF ACTION AGAINST THE TOWN STEMMING FROM THE TOWN JUSTICE’S ISSUANCE OF AN ARREST WARRANT FOR PLAINTIFF SHOULD HAVE BEEN DISMISSED AS BARRED BY THE DOCTRINE OF JUDICIAL IMMUNITY (THIRD DEPT).
SUPREME COURT ADDRESSED THE MERITS OF THE ACTION WITHOUT DISCOVERY AND TRIAL; THE COURT SHOULD ONLY HAVE DECIDED WHETHER PETITIONER WAS ENTITLED TO A PRELIMINARY INJUNCTION; MATTER REMITTED FOR PROCEEDINGS BEFORE A DIFFERENT JUDGE (THIRD DEPT).
Agent for Insurance Company Properly Found to Be an “Employee” Entitled to Unemployment Insurance

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

BRAND AMBASSADOR WAS NOT AN EMPLOYEE. DEFENSE COUNSEL’S LETTER REQUESTING A PLEA-BARGAIN CONFERENCE WAS NOT...