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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2023 NY Slip Op 02149 [215 AD3d 1188]
Regular Panel Decision
Apr 27, 2023

Matter of Morales (Amazon Logistics, Inc.--Commissioner of Labor)

Nancy Morales, a delivery partner for Amazon Logistics, Inc. (ALI), applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board determined an employment relationship existed between Morales and ALI, making ALI liable for contributions. ALI appealed, arguing that Morales was an independent contractor and not totally unemployed. The Appellate Division, Third Department, affirmed the Board's decision, finding that ALI exercised sufficient control over its delivery partners, mirroring precedent set in *Matter of Khaychuk*. The court also ruled that the 'not totally unemployed' argument was not properly before it, as it was outside the scope of the administrative hearing.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery ServicesAmazon FlexControl TestAppellate ReviewLabor Law ComplianceUnemployment Insurance Appeal Board
References
10
Case No. ADJ11101523
Regular
Aug 13, 2018

SUBHPREET GILL vs. JARNAIL SINGH, KING STAR EXPRESS, INC.

The Workers' Compensation Appeals Board granted defendant King Star Express's petition for removal, rescinding a prior order that denied the joinder of Total Quality Logistics LLC and Wish Farms LLC. The Board determined that if these entities are indeed joint employers, they are necessary parties for a full adjudication of the case. The matter was returned to the trial level for the Workers' Compensation Judge to address the joinder of these parties. This decision hinges on the degree of control Total Quality Logistics and Wish Farms exercised over the applicant's work, which is crucial for establishing an employment relationship.

Petition for RemovalJoinder of PartiesJoint EmployersIndependent ContractorSpecial EmployerGeneral EmployerDirection and ControlWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code Section 5307.5
References
6
Case No. MISSING
Regular Panel Decision

Gotham Logistics, Inc. v. Local 917 International Brotherhood of Teamsters

Plaintiffs, Gotham Logistics, Inc., Bestway Services, Inc., and Bestway Logistics Transportation, Inc., trucking companies, initiated an action against Defendant Local 917 of the International Brotherhood of Teamsters and its Secretary-Treasurer under the Labor Management Relations Act, alleging an unfair labor practice and tortious interference with contract. The dispute arose after the Union negotiated a new collective bargaining agreement with SWS, an employer of the plaintiffs' services, leading SWS to hire more in-house unionized employees and consequently reducing its need for plaintiffs' external trucking services. Plaintiffs argued this constituted an unlawful secondary boycott. The court, presided over by District Judge Wexler, granted the Defendants' motion to dismiss, finding the Union's actions to be lawful primary activity directed at SWS concerning its own employees, rather than an unlawful secondary boycott aimed at the plaintiffs. As the federal claim was dismissed, the court declined to exercise jurisdiction over the remaining state law claims, dismissing the entire action.

Labor Management Relations ActUnfair Labor PracticeSecondary BoycottPrimary ActivityCollective Bargaining AgreementMotion to DismissRule 12(b)(6) FRCPTortious Interference with ContractJurisdictionTrucking Services
References
14
Case No. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. 2022 NY Slip Op 02463 [204 AD3d 1185]
Regular Panel Decision
Apr 14, 2022

Matter of Rivera (Northeast Logistics, Inc.--Commissioner of Labor)

Northeast Logistics, Inc. (NEL) is a logistics company. Claimant Paul Rivera was engaged as a delivery driver for NEL and later applied for unemployment insurance benefits. The Department of Labor initially found Rivera to be an employee and NEL liable for contributions. An Administrative Law Judge (ALJ) reversed this, but the Unemployment Insurance Appeal Board subsequently reversed the ALJ's determination, sustaining the Department's findings. NEL appealed this decision. The Appellate Division, Third Department, affirmed the Board's decisions, finding substantial evidence that NEL exercised sufficient control over Rivera to establish an employment relationship, despite evidence that might support a contrary conclusion.

Unemployment InsuranceEmployment RelationshipIndependent ContractorControl TestSubstantial EvidenceUnemployment Insurance Appeal BoardDepartment of LaborDelivery DriverLogistics CompanyAdministrative Law Judge
References
10
Case No. MISSING
Regular Panel Decision

Diaz v. Michigan Logistics Inc.

Plaintiffs (Johanna Diaz, et al.) sued Michigan Logistics Inc. d/b/a Diligent Deliveries, Northeast Logistics, Inc. d/b/a Diligent Deliveries (collectively, "Diligent"), and Parts Authority Inc. for alleged violations of the FLSA and NYLL, claiming misclassification as independent contractors and denial of minimum wage and overtime. Defendants moved to compel arbitration, citing owner-operator agreements with arbitration clauses. Plaintiffs opposed, arguing they were exempt from the FAA as transportation workers and that Parts Authority, a nonsignatory, could not compel arbitration. The court, presided by Judge Wexler, granted the defendants' motion, finding that even if the FAA did not apply, New York arbitration law favored arbitration and that Parts Authority could compel arbitration under equitable estoppel. Consequently, the Opt-in Plaintiffs' claims were dismissed without prejudice, and the case was stayed pending arbitration.

Fair Labor Standards ActNew York Labor LawArbitrationIndependent Contractor ClassificationWage and Hour ClaimsOvertime CompensationClass Action WaiverCollective Action WaiverFederal Arbitration ActEquitable Estoppel
References
22
Case No. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
Case No. 2022 NY Slip Op 07104
Regular Panel Decision
Dec 15, 2022

Matter of Khaychuk (Amazon Logistics, Inc.--Commissioner of Labor)

This case concerns an appeal by Amazon Logistics, Inc. (ALI) from two decisions of the Unemployment Insurance Appeal Board, which ruled that ALI was liable for additional unemployment insurance contributions for claimant Alexander Khaychuk and others similarly situated. Khaychuk, a delivery partner (DP) for ALI's Amazon Flex platform, applied for unemployment benefits after his engagement ended. The Board determined an employment relationship existed, reversing an Administrative Law Judge's decision. The Appellate Division, Third Department, affirmed the Board's decision, finding that ALI exercised sufficient control over significant aspects of the DPs' work, such as providing customers, assigning deliveries, setting time frames, and unilaterally determining fees. The court concluded that substantial evidence supported the Board's determination of an employment relationship, despite arguments that could support an independent contractor classification.

Unemployment InsuranceIndependent ContractorEmployment RelationshipAmazon FlexDelivery PartnersControl TestUnemployment Insurance Appeal BoardAppellate DivisionThird DepartmentRemuneration
References
7
Case No. MISSING
Regular Panel Decision

Arteaga v. ISS Quality Service

Claimant, a maintenance worker hired to replace striking employees of ISS Quality Service, was assaulted and sustained injuries. A dispute arose regarding whether claimant was an employee of ISS or Contemporary Graphics Group (CGG), a temporary staffing agency. The Workers’ Compensation Law Judge found claimant solely employed by CGG, but the Workers’ Compensation Board modified this, concluding claimant was a general employee of CGG and a special employee of ISS, apportioning liability equally. ISS and its carrier appealed the special employment designation as irrational, but the Board's decision was affirmed.

Employer-Employee RelationshipSpecial EmploymentGeneral EmploymentWorkers' Compensation LiabilityApportionment of LiabilityTemporary Staffing AgencyAssault in EmploymentSubstantial EvidenceBoard Decision ReviewJudicial Review
References
10
Case No. 2022 NY Slip Op 03295 [205 AD3d 1245]
Regular Panel Decision
May 19, 2022

Matter of Legros (Northeast Logistics, Inc.--Commissioner of Labor)

Claimant Ali A. Legros, a delivery driver for Northeast Logistics, Inc. (NEL), applied for unemployment insurance benefits after the termination of his relationship with NEL. The Department of Labor initially determined Legros was an employee, making NEL liable for contributions. This was initially overruled by an Administrative Law Judge, but the Unemployment Insurance Appeal Board reversed, finding Legros to be an employee. NEL appealed this decision to the Appellate Division, Third Department. The court affirmed the Board's decision, concluding that substantial evidence supported the finding of an employment relationship based on NEL's control over claimant's work, including reviewing driving records, requiring specific insurance, and managing assignments and pay.

Unemployment InsuranceEmployment RelationshipIndependent ContractorSubstantial EvidenceAppellate ReviewUnemployment Insurance Appeal BoardControl TestRemunerationOwner Operator AgreementDelivery Drivers
References
6
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