MATTER OF PRATT

518949.

125 A.D.3d 1026 (2015)

In the Matter of the Claim of TIMOTHY M. PRATT, Respondent. CELLULAR SALES OF NEW YORK LLC, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 5, 2015.


Claimant worked as a sales representative for a cellular telephone company for approximately eight months. He had access to the employer's shift roster through an online sales system and reported to his shifts by logging on to the system. The employer required sales representatives to deposit customer funds into a drop box each evening and, if they failed to do so within seven days of receiving such funds, they would be locked out of the system. Claimant failed to deposit...

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