From Lexology — Michael S. Arnold writes:
Catherin Nance provided photojournalistic services to the New York Post as an independent contractor. After the Post no longer needed her services, she sought unemployment insurance benefits from New York State arguing that the unemployment insurance law covered her because, in actuality, she performed services as an employee and not as independent contractor. The Unemployment Insurance Appeals Board agreed with her and the Post appealed to New York’s Third Department Appellate Division – an intermediary appeals court, which affirmed the Board’s decision because Nance was able to offer substantial evidence that the Post had control over important aspects of the services she performed, even though she may have retained control over the work product and means of crafting it.
Read the full story at Dangers of misclassifying an employee as an independent contractor highlighted once again in New York Appellate Court decision
- Independent Contractors vs. Employees – Resource Magazine (nathansgibson.org)
- Court rules against New York Post in worker classification case (gotoicon.com)
- Freelancers Get Pulled Into Worker Misclassification Fights (businessweek.com)