In the Matter of the Claim of Shanick Leazard et al., Respondents. TestQuest, Inc., Appellant; Commissioner of Labor, Respondent., 74 A.D.3d 1414

Summary

The provider operated pursuant to a contract with a city department of education and retained tutors, who met with students outside of school hours to conduct lessons in English and math. The board found that an employer-employee relationship existed between the provider and the tutors, and assessed additional unemployment insurance contributions. The appellate court found that the record lacked indicia demonstrating the requisite level of control. The provider supplied its tutors with staff identification cards and required that they submit time sheets, complete student education plans, and adhere to a code of conduct and ethical guidelines because such practices were prerequisites to becoming an approved supplemental educational service provider. Indeed, the forms designated to be used as time sheets and education plans were issued to the provider by the department, and the department mandated that any individual offering supplemental educational services act in accordance with the ...