Geneva Worldwide Inc. v. Comm'r of Labor (In re Patsis)

• Decision Date: 21 April 2022
• Docket Number: 533160
• Parties: In the MATTER OF the Claim of Louiza PATSIS, Respondent. Geneva Worldwide Inc., Appellant. v. Commissioner of Labor, Respondent.
• Court: New York Supreme Court — Appellate Division

204 A.D.3d 1278

167 N.Y.S.3d 610

In the MATTER OF the Claim of Louiza PATSIS, Respondent.

Geneva Worldwide Inc., Appellant.

v.Commissioner of Labor, Respondent.

533160

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: March 24, 2022

Decided and Entered: April 21, 2022

Greenberg Traurig, LLP, New York City (Jerrold F. Goldberg of counsel), for appellant.

Clea Weiss, Ithaca, for Louiza Patsis, respondent.

Letitia James, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.

Before: Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Fisher and McShan, JJ.

MEMORANDUM AND ORDER

Egan Jr., J.P. Appeals from two decisions of the Unemployment Insurance Appeal Board, filed October 6, 2020, which ruled that Geneva Worldwide Inc. was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

Geneva Worldwide Inc. provides foreign language interpretation and translation services to both private and government sector clients through its database of individuals, including linguists like claimant. Claimant filed for unemployment insurance benefits and, ultimately, the Unemployment Insurance Appeal Board found that claimant and those similarly situated were employees of Geneva and ruled that Geneva was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated, effective the first quarter of 2017. Geneva appeals.

We affirm. Whether an employer-employee relationship exists within the meaning of the unemployment insurance law is a question of fact for the Board to determine, and its decision will be upheld if supported by substantial evidence (see Matter of Empire State Towing & Recovery Assn., Inc. [Commissioner of Labor], 15 N.Y.3d 433, 437, 912 N.Y.S.2d 551, 938 N.E.2d 984 [2010] ; Matter of Cavlak [Language Servs. Assocs., Inc.-Commissioner of Labor], 202 A.D.3d 1178, 1179, 163 N.Y.S.3d 277 [2022] ; Matter of Patsis [Legal Interpreting Servs., Inc.-Commissioner of Labor], 201 A.D.3d 1166, 1167, 162 N.Y.S.3d 496 [2022] ). Substantial evidence requires less than a preponderance of the evidence and, as such, if the evidence reasonably supports the Board's choice, we will not interpose our judgment to reach a contrary conclusion (see Matter of Vega [Postmates Inc.-Commissioner of Labor], 35 N.Y.3d 131, 136–137, 125 N.Y.S.3d 640, 149 N.E.3d 401 [2020] ). In determining whether an employment relationship exists, no one factor is determinative; rather, "[a]ll aspects of the arrangements must be examined to determine whether the degree of control and direction reserved to the purported employer establishes an employment relationship" ( Matter of Brown [Plannernet, Inc.-Commissioner of Labor], 195 A.D.3d 1329, 1331, 150 N.Y.S.3d 159 [2021] [internal quotation marks and citations omitted]). "Further, an organization that screens the services of professionals, pays them at a set rate and then offers their services to clients exercises sufficient control to create an employment relationship" ( Matter of Debora [Legal Interpreting Servs., Inc.-Commissioner of Labor], 201 A.D.3d 1164, 1165, 162 N.Y.S.3d 191 [2022] [internal quotation marks, brackets and citations omitted]).

The record establishes that Geneva screens potential interpreters like claimant by having them submit a resume to Geneva detailing the type of assignments they have done in the past for other agencies and specifically disclosing how many years of experience interpreting and the type of interpreting they have done. Geneva asks that the interpreters have at least two years of experience. Geneva's internal recruitment team then has a conversation with the interpreter regarding his or her skills – although there is no verification of the information provided – before deciding if the interpreter is able to take an assignment for Geneva and be added to its roster of linguists. The interpreter then signs a contract setting forth the negotiated rate of pay, which rate depends on the assignment and type of interpretation service being provided. The contract specifies the content of the invoice that is to be submitted to Geneva by interpreters and when such invoice should be submitted. The contract also directs interpreters to give Geneva 24 hours of notice if unable to perform an assignment. Interpreters are also bound by confidentiality and nondisclosure of any information obtained during an assignment.

When...