TELECOMMUTING AND UNEMPLOYMENT BENEFIT CLAIMS

Maxine Allen v. Commissioner of Labor established a New York State precedent regarding the eligibility of telecommuters to receive unemployment benefits. The case concerned Maxine Allen, a telecommuter who worked for a Long Island employer from her home office in Florida. The labor case eventually reached New York’s Court of Appeals which ruled that the location of the telecommuting worker is the key determinative factor regarding a worker's eligibility to receive unemployment benefits in the state to which the worker applied, as opposed to the location of the employer.

The following questions have been addressed in this article:

On what basis did the Court of Appeals reach its decision?
How was Allen’s employment as a telecommuter classified in terms of its localization by New York’s Court of Appeals?
What are the ramifications of this holding?

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