Morris v. Source Interlink Media, LLC

• Decision Date: 03 September 2015
• Citation: 15 N.Y.S.3d 869,2015 N.Y. Slip Op. 06741,131 A.D.3d 1287
• Parties: In the Matter of the Claim of Megan L. MORRIS, Respondent. Source Interlink Media, LLC, Appellant. Commissioner of Labor, Respondent.
• Court: New York Supreme Court — Appellate Division

131 A.D.3d 1287
15 N.Y.S.3d 869
2015 N.Y. Slip Op. 06741

In the Matter of the Claim of Megan L. MORRIS, Respondent.
Source Interlink Media, LLC, Appellant.
Commissioner of Labor, Respondent.

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

Sept. 3, 2015.

Fox Rothschild LLP, Lawrenceville, New Jersey (Wayne E. Pinkstone, admitted pro hac vice), for appellant.

Michelle I. Rosien, Philmont, for Megan L. Morris, respondent.

Before: LAHTINEN, J.P., McCARTHY, GARRY and EGAN JR., JJ.

McCARTHY, J.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed December 31, 2013, which ruled that Source Interlink Media, LLC is liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

Claimant was employed as marketing director for Power & Motoryacht until her employment ended in November 2007.

[15 N.Y.S.3d 870]

Shortly thereafter, she entered into a consulting agreement with Source Interlink Media, LLC (hereinafter SIM), doing business as Power & Motoryacht. When that employment ended, claimant applied for unemployment insurance benefits. The Department of Labor found that an employer-employee relationship existed between claimant and SIM, and that SIM was therefore liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated. SIM objected, arguing that claimant was not an employee but an independent contractor or, alternatively, that Power & Motoryacht was claimant's employer. Following a hearing, an Administrative Law Judge upheld the Department's determination. The Unemployment Insurance Appeal Board affirmed and SIM now appeals.

We affirm. “Whether an employer-employee relationship exists is a factual determination for the Board, and its decision will be upheld if supported by substantial evidence” (Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 A.D.3d 1042, 1043, 977 N.Y.S.2d 760 [2013] [citations omitted]; see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 N.Y.2d 734, 736, 469 N.Y.S.2d 78, 456 N.E.2d 1201 [1983] ). “While no single factor is determinative, control over the results produced or the means used to achieve those results are pertinent considerations, with the latter being more important” (Matter of Hunter [Gannett Co., Inc.-Commissioner of Labor], 125 A.D.3d 1166, 1167, 3 N.Y.S.3d 195 [2015] [internal quotation marks and citations omitted]; see Matter of Empire State Towing & Recovery Assn.,...