MATTER OF JOHN

514118.

98 A.D.3d 1163 (2012)

950 N.Y.S.2d 811

2012 NY Slip Op 6176

In the Matter of the Claim of SOPHIA JOHN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 13, 2012.


Claimant worked for the employer as a retail merchandising representative for nearly five years. Her duties entailed visiting various stores each day to, among other things, ensure that certain manufacturers' products were properly stocked and displayed. Claimant was required to follow the itinerary displayed on a hand held computer regarding the store visits and to record when she entered and left each store. When claimant's supervisor tracked claimant's route and discovered...

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