24 The Courier sun • june 30, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law THE REAL EMPLOYER Q: An experienced mechanic, I signed up with an agency that makes purchaseorder Advertorial agreements with clients, to recruit and provide candidates for employment. The client fixes the hourly wages and benefits, conducts the interview and makes the final selection. Last year, I was hired by a client, and assigned to work exclusively at its plant. The client exerted comprehensive control over every facet of my work. On a daily basis, the client assigned, supervised, instructed, oversaw, monitored and directed my work duties. Nobody from the agency was ever at the jobsite, except that the agency’s director of personnel would deliver my weekly paycheck and comment on my job performance. Despite its lack of day-to-day involvement, the agency carried the workers’ compensation, liability and unemployment insurance, and it would bill the client, withhold social security and provide my paycheck. After I was injured, I received workers’ compensation benefits from the agency. Now can I sue the client? A: Because the client controlled and directed the manner, details and ultimate result of your work, it was your real employer. All the essential components of your work relationship were with the client. In general, when workers’ compensation is received, the worker is barred from a negligence action against the employer. For the purposes and consequences of workers’ compensation, no arrangement between the agency and the client can displace an assessment made in court of the real employer. It appears that your receipt of workers’ compensation benefits, although from the agency, serves to bar you from now suing the client. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 It is no doubt a young soccer fan’s idea of heaven: To have the legendary David Villa offering tips on how to be a better player. Those young fans can find heaven on earth for two weeks this summer at Queens College because Villa—who among his many notable accomplishments was a member of the Spanish National Team that won the 2010 World Cup—will bring his DV7 Soccer Academy to the college’s Summer Camp for two one-week sessions in July and August. The sessions have been designed by professional soccer coach and director of Villa’s academy, Josep Gombau Balaguer, and will be conducted by Marc Sabate, former FCBEscola director in Dubai. Villa, who is currently the star of the New York City Football Club, will be on hand for a training session with each group of children, observing their play and providing helpful feedback. Sessions will run from July 25–29 and August 1–5, from 9 am to 4 pm. Participants will receive two full DV7 Soccer Academy kits, including jerseys, shorts, and socks; an Adidas mini soccer ball signed by David Villa; and a certificate of completion. There are still a few openings for the camp. For more information, visit http://www.queensknights.com/DV7.
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