MATTER OF CLAIM OF MICILETTO

515852.

109 A.D.3d 1035 (2013)

971 N.Y.S.2d 483

2013 NY Slip Op 5943

In the Matter of the Claim of DENIS P. MICILETTO, Respondent. VILLAGE WINE IMPORTS LTD., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided September 19, 2013.


Claimant was a salesperson for Village Wine Imports Ltd., a wine importer and distributor. Substantial evidence supports the Unemployment Insurance Appeal Board's conclusion that claimant and those similarly situated were Village Wine's employees and not independent contractors. Village Wine set claimant's commission rate, paid him a draw on his commission for a period of time, and reimbursed his travel and telephone expenses. Claimant was also trained by Village Wine, which...

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