In Re the Claim of England

Memorandum. Employment, for purposes of determining employer liability for contributions to the unemployment insurance fund, is defined as “any service under any contract of employment for hire, express or implied, written or oral”. (Labor Law, § 511, subd 1, par [a].) Whether a given relationship is to be classified as employer-employee or as customer-independent contractor is basically a question of fact to be decided by the agency charged with the responsibility for administering the unemployment insurance statutes. (See, e.g., Matter of Basin St. [Lubin], 6 NY2d 276; Matter of Frattallone…