Postmates Workers Not Employees, NY Appeals Court Says

Law360 (June 22, 2018, 4:21 PM EDT) -- A split New York state appeals panel said Thursday that a courier for web-based delivery service Postmates was an independent contractor, handing businesses another win in the ongoing battle over the employment status of gig economy workers.

The state's Third Judicial Department overturned the New York Unemployment Insurance Appeal Board's finding that Luis A. Vega was Postmates' employee by a 3-2 vote, saying the company had too little control over his work for him to be an employee.

The court said several factors suggested Vega worked without much oversight from Postmates, including that he didn't have to apply for the job,...

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