Mar. 23, 2017

Court Strikes Down New York Department of Labor Determination

Whiteman Osterman & Hanna recently represented Eiber Translations, a provider of language interpretation and translation services to interpreters and translators, in challenging the New York State Commissioner of Labor’s determination to hold it liable for additional unemployment insurance contributions. Eiber was originally assessed for additional unemployment contributions due to compensation it had paid to the interpreters, after the New York State Department of Labor determined that the interpreters had been wrongly classified as independent contractors instead of employees. Eiber appealed and the Appellate Division reversed the Department of Labor determination, finding that Eiber had properly treated the interpreters as independent contractors. Eiber was represented by John J. Henry, a partner in the Firm’s litigation group, Senior Counsel Howard A. Levine and Associate Jon E. Crain. Matter of Eiber Translations, 143 A.D.3d 1080 (3d Dep’t 2016).