Yoga Vida Nyc, Inc. v. Comm'r Labor
| Decision Date | 31 July 2014 |
| Citation | 2014 N.Y. Slip Op. 05597,119 A.D.3d 1314,989 N.Y.S.2d 710 |
| Parties | In the Matter of YOGA VIDA NYC, INC., Appellant, v. COMMISSIONER OF LABOR, Respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Andrew S. Goldman, Baltimore, Maryland, for appellant.
Eric T. Schneiderman, Attorney General, Albany (Mary Hughes of counsel), for respondent.
Before: PETERS, P.J., STEIN, GARRY, LYNCH and DEVINE, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 19, 2013, which assessed Yoga Vida NYC, Inc. for additional unemployment insurance contributions.
Yoga Vida NYC, Inc. operates yoga studios in Manhattan. Instructors are either recruited by Yoga Vida's president, Michael Patton, or they contact him after hearing about the company through word of mouth. In May 2010, the Department of Labor concluded that the instructors were employees of Yoga Vida and assessed additional unemployment insurance contributions against it. The Unemployment Insurance Appeal Board ultimately agreed, and this appeal ensued.
We affirm. The finding that “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];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] ). As a general matter, an employer-employee relationship exists when the evidence shows that “the employer exercised control over the results produced or the means used to achieve those results, with the latter being more important” (Matter of Anwer [Exclusive Fragrance & Cosmetics, Inc.-Commissioner of Labor], 114 A.D.3d 1114, 1115, 981 N.Y.S.2d 186 [2014];see Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 A.D.3d at 1043, 977 N.Y.S.2d 760).
Classes were held in Yoga Vida's studios and students were solicited by the company. Yoga Vida published class schedules on its website and set the duration of each class. Instructors were compensated by check according to a negotiated rate, with some instructors preferring a set rate for each class and others electing to take a percentage of the fees that were collected from students who attended classes. Patton averred that the instructors were an integral part of Yoga Vida's business ( see Matter of Professional Career Ctr., Inc. [Commissioner of Labor], 105 A.D.3d 1219,...
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In re Cohen
...Claimant alone determined the content of the classes and method of instruction (compare Matter of Yoga Vida NYC, Inc. [Commissioner of Labor], 119 A.D.3d 1314, 1314–1315, 989 N.Y.S.2d 710 [2014], lv. granted 24 N.Y.3d 909, 2014 WL 6475794 [2014] ). There was no limitation placed on the amou......
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...Raynor [Synchronicity, Inc.—Commissioner of Labor], 135 A.D.3d at 1262, 23 N.Y.S.3d 731 ; Matter of Yoga Vida NYC, Inc. [Commissioner of Labor], 119 A.D.3d 1314, 1314–1315, 989 N.Y.S.2d 710 [2014], lv. granted 24 N.Y.3d 909, 2014 WL 6475794 [2014] ; Matter of Human Performance, Inc. [Commis......
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In re Yoga Vida NYC, Inc.
...sufficient control over the instructors' work, thereby allowing for a finding of an employer-employee relationship” (119 A.D.3d 1314, 1315, 989 N.Y.S.2d 710 [3d Dept.2014] ). “[S]ubstantial evidence consists of proof within the whole record of such quality and quantity as to generate convic......
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In re Yoga Vida NYC, Inc.
...sufficient control over the instructors' work, thereby allowing for a finding of an employer-employee relationship" (119 A.D.3d 1314, 1315, 989 N.Y.S.2d 710 [3d Dept.2014] )."[S]ubstantial evidence consists of proof within the whole record of such quality and quantity as to generate convict......