In re the Claim of Ruano, 118 A.D.3d 1088 (N.Y. App. Div. 2014). · Go Syfert
In re the Claim of Ruano, 118 A.D.3d 1088 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
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Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Yuan (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
A linguist’s payment was not contingent upon the client’s payment of the bill. *1552 Notwithstanding the existence of evidence that could have supported a contrary finding, the foregoing constitutes substantial evidence supporting the Board’s determinations that LIS and claimants were in an employer-employee relationship (see Matter of Ritch [Island Tutoring Ctr., Inc. — Commissioner of Labor], 139 AD3d at 1152 ; Matter of Ruano [Legal Interpreting Servs., Inc. — Commissioner of Labor], 118 AD3d at 1088; Matter of FMI Interpreting Servs. [Hudacs], 192 AD2d 1006, 1006-1007 [1993]).
discussed Cited as authority (rule) In re the Claim of Zaharuk
N.Y. App. Div. · 2016 · confidence medium
Given this evidence, the Board could properly find that claimant was an employee, notwithstanding the evidence in the record that could support a contrary finding (see Matter of Ruano [Legal Interpreting Servs., Inc. —Commissioner of Labor], 118 AD3d at 1089; Matter of Perdue [Environmental Compliance, Inc.— Commissioner of Labor], 47 AD3d 1139, 1140-1141 [2008]).
discussed Cited as authority (rule) In re the Claim of Zaharuk
N.Y. App. Div. · 2016 · confidence medium
Given this evidence, the Board could properly find that claimant was an employee, notwithstanding the evidence in the record that could support a contrary finding (see Matter of Ruano [Legal Interpreting Servs., Inc. —Commissioner of Labor], 118 AD3d at 1089; Matter of Perdue [Environmental Compliance, Inc.— Commissioner of Labor], 47 AD3d 1139, 1140-1141 [2008]).
discussed Cited as authority (rule) Matter of Stecher Aviation Services, Inc. (Commr. of Labor) (2×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
In view of the foregoing, the Board’s finding of an employment relationship is supported by substantial evidence and will not be disturbed (see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 NY2d 734, 736 [1983]; Matter of Ivy League Tutor *1291 ing Connection, Inc. [Commissioner of Labor], 119 AD3d 1260 , 1261 [2014]; Matter of Ruano [Commissioner of Labor], 118 AD3d at 1088-1089; Matter of Cobrin [Telecom Consulting Group NE Corp.—Commissioner of Labor], 91 AD3d 992, 993 [2012]; Matter of Hoyt [Project Solvers—Commissioner of Labor], 256 AD2d 859, 860 [1998]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Dora I. Ruano, Legal Interpreting Services, Inc., Appellant Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jun 5, 2014.
118 A.D.3d 1088
Egan, Lahtinen, Lynch, McCarthy, Rose.
Published
McCarthy, J.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed March 26, 2013, which ruled that Legal Interpreting Services, Inc. was liable for unemployment insurance contributions based on remuneration paid to claimant and others similarly situated.

Legal Interpreting Services, Inc. (hereinafter LIS) is engaged in the business of providing interpreting services. It retained individual interpreters like claimant to provide such services to its clients. When claimant’s work with LIS ceased, she filed two claims for unemployment insurance benefits. After the Department of Labor initially determined that claimant was eligible to receive benefits, a hearing was conducted and an Administrative Law Judge upheld the initial determination. On administrative appeal, the Unemployment Insurance Appeal Board affirmed, ruling that claimant and others similarly situated were employees of LIS, and not independent contractors. LIS appeals.

The existence of an employer-employee relationship is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence (see Matter of Scinta [ExamOne World Wide Inc.—Commissioner of Labor], 113 AD3d 959, 960 [2014]; Matter of Singh [Thomas A. Sirianni, Inc.— Commissioner of Labor], 43 AD3d 498, 498 [2007]). Here, the[*1089] evidence established that claimant responded to an advertisement for interpreters posted online by LIS, was screened and approved by LIS, and executed a contract specifying the hourly rate of compensation and setting forth numerous rules of conduct.* Clients contact LIS to request interpreter services; LIS then selects one of its interpreters, contacts the interpreter and provides him or her with the details of the assignment. Once committed to an assignment, interpreters may not send a substitute without that substitute having been prescreened by LIS. LIS supplies its interpreters with time sheet forms that must be submitted within 24 hours of an assignment and pays the interpreters directly based upon an hourly rate of pay set forth in the interpreters’ contracts with LIS. LIS also reimburses interpreters for transportation costs associated with assignments. Notwithstanding record proof that could support a contrary result, the foregoing proof constitutes substantial evidence supporting the determination that claimant and others similarly situated are employees of LIS and not independent contractors (see Matter of Scinta [ExamOne World Wide Inc.— Commissioner of Labor], 113 AD3d at 960-961; Matter of Tekmitchov [Musika LLC], 110 AD3d 1301, 1301 [2013], lv dismissed 23 NY3d 941 [2014]; Matter of FMI Interpreting Servs. [Hudacs], 192 AD2d 1006, 1006-1007 [1993]; compare Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d 1042, 1043-1044 [2013]; Matter of Richins [Quick Change Artistry, LLC—Commissioner of Labor], 107 AD3d 1342, 1344 [2013]).

Lahtinen, J.E, Rose, Egan Jr. and Lynch, JJ., concur.

Ordered that the decisions are affirmed, without costs.

Contrary to LIS’s argument, this case is distinguishable from Matter of Richins (Quick Change Artistry, LLC —Commissioner of Labor) (107 AD3d 1342 [2013]). There, among other things, the claimant worked only six days for the company, was not screened and did not sign a contract.