MATTER OF CHAN

519207

128 A.D.3d 1146 (2015)

8 N.Y.S.3d 489

2015 NY Slip Op 03900

In the Matter of JOSEPH CHAN, Respondent. MARKET FORCE INFORMATION, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided May 7, 2015.


Market Force Information (hereinafter MFI) assists retailers in the evaluation of their sales practices by using mystery shoppers who pose as customers. Claimant worked for MFI as a mystery shopper. The Unemployment Insurance Appeal Board ruled that claimant and others similarly situated were employees of MFI, and MFI now appeals.

The existence of an employer-employee relationship is a factual issue for the Board to resolve and "turns on whether the purported employer...

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