MATTER OF VICTOR

517197.

116 A.D.3d 1327 (2014)

983 N.Y.S.2d 917

2014 NY Slip Op 2835

In the Matter of the Claim of LINDA H. VICTOR, Respondent. AUBREY ORGANICS, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 24, 2014.


From July through September 2008, claimant, a licensed cosmetologist, was hired by a sales representative of Aubrey Organics, Inc., a cosmetics manufacturer, to perform services as a makeup artist/demonstrator at various locations selected by the sales representative. After claimant applied for unemployment insurance benefits, Aubrey objected, asserting that claimant was an independent contractor and not an employee. The Department of Labor issued an initial determination...

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