Tarter Krinsky & Drogin recently won decisions following hearings before administrative law judges of the New York State Unemployment Insurance Appeal Board.

The clients in the two cases were a staffing company and a production company that works for advertising agencies. In both cases, the ALJs overruled determinations by the New York State Department of Labor that the individuals in question were employees and instead upheld the clients’ positions that they were independent contractors. The decisions were significant because misclassification of employees as independent contractors rather than as employees has been the subject of intensified enforcement efforts by the DOL.

Partner Richard L. Steer of the Labor and Employment Practice Group represented our clients in these cases.