IN RE: the Claim of Edward O. HOYT (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 13, 1997, which ruled that Project Solvers Inc. was liable for additional unemployment insurance contributions based upon remuneration paid to claimant and all others similarly situated.

Project Solvers Inc. is engaged in the business of matching the needs of its client companies in the fashion industry with the services of, among others, clothing designers, merchandisers and pattern makers.   Claimant was assigned by Project Solvers Inc. to work for the J. Crew catalog company.   After his employment ended, the Unemployment Insurance Appeal Board ruled that claimant was eligible for benefits in that Project Solvers had exercised sufficient direction and control over his work to establish an employer/ employee relationship with claimant and all others similarly situated.   This appeal by Project Solvers ensued.

The record includes the following indicia of employment.   Project Solvers interviewed and then selected the workers whom it deemed qualified to perform the services required by its clients.   Once a worker was assigned to a client, Project Solvers paid the worker directly, even if assignments were not completed to the client's satisfaction.   In turn, Project Solvers collected payment from the client, including its commission.   While it did not specify the amount to be paid to its workers, Project Solvers did inform its clients as to acceptable maximum and minimum salaries.   Further, Project Solvers required workers to submit weekly time sheets showing the number of hours worked.

Substantial evidence supports the Board's decision (see, Matter of Rubin [Freelance Advantage-Sweeney ], 236 A.D.2d 679, 680-681, 653 N.Y.S.2d 443;  see also, Matter of Boone [Shore Rd. Community Serv.-Sweeney], 245 A.D.2d 617, 664 N.Y.S.2d 679;  Matter of Ortega [Nieman-Sweeney], 217 A.D.2d 725, 628 N.Y.S.2d 889).   As this court has previously held, an organization engaged in the business of screening workers, paying their salaries and matching their services with the needs of its clients may be found to have exercised the degree of direction and control necessary to establish an employer/employee relationship (see, Matter of Kimberg [Hudacs], 188 A.D.2d 781, 591 N.Y.S.2d 98).

ORDERED that the decision is affirmed, without costs.

MIKOLL, Justice Presiding.

CREW, YESAWICH, SPAIN and GRAFFEO, JJ., concur.