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Real Estate Agent a "Volunteer" and Thus Not Covered By New York's Labor Law

February 25, 2011

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In Lipsker v. 650 Crown Equities, the plaintiff, a real estate agent for defendant Skyline, was injured when he fell from a ladder while putting up a sign at Skyline’s office. The plaintiff commenced suit against the owner and manager of the building alleging violations of the Labor Law and common-law negligence.

The lower court dismissed the plaintiff’s Labor Law claims, finding that plaintiff was a volunteer and thereby not entitled to the protections of the Labor Law. The First Department affirmed. In doing so, the court focused on the fact that plaintiff was acting as a volunteer when he helped his boss put up the sign and that he was paid on commission.

Thanks to Gabriel Darwick for his contribution to this post.

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