MATTER OF McCARTHY


276 A.D.2d 988 (2000)

714 N.Y.S.2d 583

In the Matter of the Claim of THOMAS C. McCARTHY, Respondent. MONSIEUR TOUTON SELECTION, LTD., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided October 26, 2000.


Claimant was hired as a sales representative for Monsieur Touton Selection, Ltd., a wine distributor, after responding to an advertisement seeking sales persons to sell its wines in established territories. Although claimant was paid on a commission basis, he received $2,000 a month during the summer slow season. In addition to paying the fee for the license required for claimant to be a liquor salesperson, Touton Selection also provided claimant with a beeper, business cards...

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