New York court finds that newspaper delivery person had employment relationship with publishing company
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Thursday, May 23, 2019

New York court finds that newspaper delivery person had employment relationship with publishing company

By Payroll and Entitlements Editorial Staff

A printing and publishing company was liable for contributions on remuneration paid to the claimant, a newspaper delivery person, and others similarly situated. The court held that the indicators of control over the performance of the claimant’s duties relied on by the Board were indistinguishable from those relevant factors previously identified in an earlier case involving this company and newspaper delivery persons (see Rosenfelder, 137 AD3d 1438 (2016)) to establish an employer/employee relationship. Because the record contained substantial evidence to support the Board’s conclusion of an employment relationship, the Board’s decision finding the company liable for contributions was not disturbed and its decision was affirmed (Robert Lucas v. Commr., N.Y. Sup. Ct., App. Div., Third Department, No. 525776, March 21, 2019).

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