MATTER OF NIELSEN


261 A.D.2d 743 (1999)

689 N.Y.S.2d 746

In the Matter of the Claim of PETER D. NIELSEN, Respondent. BARRIER WINDOW SYSTEMS, INC., Appellant; COMMISSIONER OF LABOR, Respondent. (And Another Related Claim.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 13, 1999.


Claimant worked as a sales representative for Barrier Window Systems, Inc., a company engaged in selling and installing windows and other home improvements. Claimant contacted Barrier in response to a newspaper advertisement, completed a Barrier application form and was provided with training. Claimant was required to attend sales training meetings and Barrier set his commission schedules, although claimant did receive a guaranteed regular weekly draw in advance of earned...

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