Represented a film distribution company assessed extraordinary penalties by the NYS Workers’ Compensation Board and NYS Department of Labor for failure to have workers’ compensation insurance, disability insurance and unemployment insurance respectively, over $200,000. Succeeded in having the penalties rescinded by showing that the company was not an employer within the meaning of the law.
Represented a homeowner who hired a babysitter to assist with childcare part time, not exceeding 50 hours a week, and who employed the services of a payroll company to process taxes and payroll on a bi-weekly basis. Succeeded in showing Board that penalty was inappropriate to extent that putative employee was not an employee under the statute notwithstanding the payment of taxes.
Assisted decorative arts construction industry employer with multi-million dollar contracts in New York and London become fully compliant. Employer, characterizing all employees as independent contractors based on the specialized nature of their job, risked enormous exposure under the expanded definition of independent contractor.