MATTER OF DOSTER

529240.

187 A.D.3d 1255 (2020)

132 N.Y.S.3d 176

2020 NY Slip Op 05262

In the Matter of the Claim of Timothy Doster, Respondent. Fundamental Labor Strategies, Appellant. Commissioner of Labor, Respondent.

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

Decided October 1, 2020.


Claimant, a truck driver, filed a claim for unemployment insurance benefits and listed Fundamental Labor Strategies (hereinafter FLS) as his employer. The Department of Labor allowed the claim, finding that claimant was an employee of FLS under both the common-law test for an employer-employee relationship and under the terms of the...

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