From JDSupra, Theodore Eder discusses a recent case in which a bus company classified ticket sellers are independent contractors but was not able to support the classification when a ticket seller filed for unemployment. Theodore writes:
- Lo v. Go New York Tours Inc. This is an unemployment insurance case, notable because it involves the issue of employee/employer and whether the claimant was an independent contractor. Here, a local sightseeing tour bus company used 100-150 street ticket sellers on the street to sell tickets throughout NYC. A ticket seller filed for unemployment benefits, and the tour company argued that the ticket seller was an independent contractor. The ticket seller signed an independent contractor agreement, but the Court found that language prohibiting selling competitor tickets and nondelegation provision among other restrictive provisions was evidence of control. The tour company provided all necessary equipment, including the credit card terminal and advertising. It is likely that the ticket sellers were able to utilize their own methods (although not stated), and the Court did note the existence of evidence that could support a different conclusion, but ultimately there really was not much here to demonstrate an independent relationship.
