In re the Claim of Ivy League Tutoring Connection, Inc., 119 A.D.3d 1260 (N.Y. App. Div. 3d Dep't 2014). · Go Syfert
In re the Claim of Ivy League Tutoring Connection, Inc., 119 A.D.3d 1260 (N.Y. App. Div. 3d Dep't 2014). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Cited for
At page 1261 Determining employer-employee relationship and liability under labor law5 citing casester of Wells [Madison Consulting, Inc.—Commissioner of Labor], 77 AD3d 993, 995 [2010]; Matter of Rubin [Freelance Advantage—Sweeney], 236 AD2d 679, 681…opening of page *1261 (no citing court says what it cites this page for)
  • Matter of Eidelson (Mulberry Tree Ctr. LLC--Comm'r of Labor), 2018 NY Slip Op 5645 (N.Y. App. Div. 3d Dep't 2018).published
    Despite the fact that there may be some evidence supporting a contrary conclusion, substantial evidence supports the Board's finding that an employment relationship existed between Mulberry and claimant, as well as the other tutors who wer…
  • Matter of Jachym (Commr. of Labor), 143 A.D.3d 1017 (N.Y. App. Div. 3d Dep't 2016).published 2 cites
    Although claimant was allowed to keep any existing clients upon being hired by TCS and could work for other employers, the written referral agreement governing TCS’s relationship with each housekeeper prohibited solicitation of TCS’s clien…
  • Matter of Ryan (Commr. of Labor), 138 A.D.3d 1324 (N.Y. App. Div. 3d Dep't 2016).published
    Notwithstanding proof in the record that might support a contrary conclusion, we find that the foregoing constitutes substantial evidence to support the Board’s decisions that La Cruz, while not directly supervising claimant’s daily RT act…
  • Matter of Lobban (Commr. of Labor), 131 A.D.3d 1294 (N.Y. App. Div. 3d Dep't 2015).published
    In our view, substantial evidence supports the Board’s decision, despite evidence in the record that could support a contrary result (see Matter of Klotz [Blue Perimeter, Inc.—Commissioner of Labor], 127 AD3d at 1460 ; Matter of Ivy League…
  • Matter of Klotz (Commr. of Labor), 127 A.D.3d 1459 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Accordingly, there is substantial evidence supporting the Board’s decisions and they will not be disturbed, despite evidence in the record that could support a contrary result (see *1461 Matter of Ivy League Tutoring Connection, Inc. [Comm…
At page 1260 Egan Jr., J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 2013, which assessed Ivy League Tutoring Connection, Inc.…1 citing caseopening of page *1260 (no citing court says what it cites this page for)
  • In re the Claim of Encore Music Lessons LLC, 128 A.D.3d 1313 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Under these circumstances, the Board’s finding of an employer-employee relationship is supported by substantial evidence and will be upheld, notwithstanding the considerable evidence that would have supported a contrary conclusion and that…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Ivy League Tutoring Connection, Inc., Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jul 24, 2014.
Published opinion
119 A.D.3d 1260
Devine, Egan, Lynch, Peters, Rose.
Published
Egan Jr., J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 2013, which assessed Ivy League Tutoring Connection, Inc. for additional unemployment insurance contributions.

Ivy League Tutoring Connection, Inc. is a tutoring referral and billing service that provides in-home tutors to clients seeking assistance with school work and test preparation. The individual tutors are solicited by Ivy League via postings and advertisements on certain Internet sites. In 2012, Ivy League was assessed for unemployment insurance contributions on behalf of the tutors who performed services for it beginning with the first quarter of 2009. Ivy League objected to this determination, contending that its tutors were independent contractors rather than employees. Following the requested hearing, an Administrative Law Judge found that the tutors indeed were employees and, accordingly, upheld the initial assessment of unemployment insurance contributions. The Unemployment Insurance Appeal Board subsequently affirmed that decision, and Ivy League now appeals.

We affirm. This Court previously has held that “an organization which screens the services of professionals, pays them at a set rate and then offers their services to clients exercises sufficient control to create and employment relationship” (Matter of Lamar [Eden Tech., Inc.—Commissioner of Labor], 109 AD3d 1038, 1039 [2013] [internal quotation marks and citations omitted]; accord Matter of Cobrin [Telecom Consulting Group NE Corp.—Commissioner of Labor], 91 AD3d 992, 993 [2012]; Mat[*1261] ter of Wells [Madison Consulting, Inc.—Commissioner of Labor], 77 AD3d 993, 995 [2010]; Matter of Rubin [Freelance Advantage—Sweeney], 236 AD2d 679, 681 [1997]). Here, there is no question that Ivy League screened, interviewed and conducted a criminal background check with respect to prospective tutors, paid the tutors affiliated with it an agreed-upon hourly rate based upon documentation submitted by the tutors* and matched individual clients with the tutor that it deemed best suited for that particular client’s needs. Additionally, pursuant to the terms of the written agreement governing Ivy League’s relationship with each individual tutor, Ivy League restricted the tutor’s solicitation of Ivy League’s clients — both during the period of time encompassed by the particular contract and for three years thereafter. Under these circumstances, the Board’s finding of an employer-employee relationship is supported by substantial evidence (see Matter of Lamar [Eden Tech., Inc.—Commissioner of Labor], 109 AD3d at 1039; Matter of Educaid, Inc. [Hartnett], 176 AD2d 420, 420 [1991], lv denied 79 NY2d 751 [1991]; see also Matter of Cobrin [Telecom Consulting Group NE Corp.—Commissioner of Labor], 91 AD3d at 993)— notwithstanding other evidence in the record that could support a contrary conclusion. Finally, we cannot say that the Board erred in finding that Ivy League was liable for contributions based upon wages paid as of the first quarter of 2009. In the event that Ivy League is able to document its present contention — that it did not pay any wages prior to the third quarter of 2011 — its contributions due may be adjusted accordingly (see Labor Law §§ 517, 518, 570, 571, 576).

Peters, PJ., Rose, Lynch and Devine, JJ., concur.

Ordered that the decision is affirmed, without costs.

Up until July 2012, Ivy League’s tutors were required to submit “time sheets” in order to get paid; after that date, the tutors submitted “invoices” to document their provision of services to Ivy League’s clients.