In re the Claim of Skeete
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 14, 1997, which assessed Cooper Square Nurses Registry, Inc. for additional unemployment insurance contributions based upon remuneration paid to claimant and those similarly situated.
Claimant is a licensed practical nurse who received work assignments from Cooper Square Nurses Registry, Inc. (hereinafter CSNR), a corporation that provides skilled nursing services to private individuals. CSNR challenges the finding of the Unemployment Insurance Appeal Board that claimant and others similarly situated are its employees rather than independent contractors. We affirm. CSNR screens licensed practical nurses and registered nurses who are seeking work and maintains a list of their qualifications and work availability. When CSNR receives a request for health care services, it selects a qualified nurse from the list and notifies the nurse that work is available. Upon accepting an assignment, each nurse is required to adhere to CSNR’s care plan and to document client progress and hours worked on forms provided by CSNR. Moreover, CSNR guarantees a specified pay rate to the nurses and handles the collection of client fees. In our view, these facts demonstrate that CSNR exercises over-all control with regard to important aspects of the services rendered (see, Matter of Kimberg [Hudacs],
Cardona, P. J., Mikoll, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.