MATTER OF JUERGENS


271 A.D.2d 774 (2000)

705 N.Y.S.2d 731

In the Matter of the Claim of GARY W. JUERGENS, Respondent. PHARMFLEX, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 13, 2000.


Claimant worked as a marketing representative, calling on physicians for PharmFlex, Inc., a pharmaceutical marketing business. He was initially compensated at the rate of $17.50 for each doctor called upon and PharmFlex reimbursed expenses incurred by him. Later his compensation was changed to $20 per call and no expenses were reimbursed. He was paid every two weeks, worked in an exclusive marketing territory, attended sales meetings...

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