Tutoring Company Misclassified Tutors as Independent Contractors in New York

From Independent Contractor Compliance and Misclassification Legal Blog.– 

“TUTORING COMPANY FOUND TO HAVE MISCLASSIFIED TUTORS AS INDEPENDENT CONTRACTORS IN NEW YORK. A New York appellate court determined that a tutoring referral and billing company, Ivy League Tutoring Connection, misclassified tutors as ICs where the tutors provided in-home tutoring sessions to clients seeking assistance with school work and test preparation. The Court based its decision, which upheld an administrative determination by the Unemployment Insurance Appeal Board, on the following factors: the company screened, interviewed and conducted criminal background checks on prospective tutors; it paid the tutors a set hourly rate; it matched clients with the tutor it deemed best suited for each client’s needs; and it restricted the tutor’s solicitation of the company’s clients both during the relationship and for three years after the relationship ended. Matter of Ivy League Tutoring Connection, Inc. v. Commissioner of Labor, No. 517901 N.Y. App. Div. 3d Dep’t July 24, 2014″

Read the complete July 2014 Monthly Independent Contractor Compliance and Misclassification Update

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