In Matter of Fernandez v. Commissioner of Labor , Andrea T. Fernandez and the Suffolk County Organization for the Promotion of Education (SCOPE) thought the organization's employees weren't entitled to unemployment insurance benefits when schools weren't in session.
Since it was a "before and after" school program which provided services to Long Island school districts, its schedule tracked those of local schools, SCOPE argued an exemption applied "because employees of an education institution [do not] collect benefits between successive academic terms" when they will be returning to work.
Since SCOPE wasn't an "educational institution," the employees claimed the entity wasn't subject to that exemption. The Department of Labor sided with the employees, as did an Administrative Law Judge and the Unemployment Insurance Appeal Board.
On appeal, the Appellate Division, Third Department, also found the exemption inapplicable since SCOPE 's main focus was "child care, rather than education." [While it offered many services which were "educational in nature," the organization was funded by membership fees and offered "staff development programs," "management and administrative services," "security training," and "safety assessments."]
Try swallowing that!
To download a copy of the Appellate Division's decision, please use this link: Matter of Fernandez v. Commissioner of Labor