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7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 1/35
Via First Class Mail
Sara
E.
Burke Cohen
Investigator
Commission
for
Human
Rights
State of New Hampshire
2 Industrial Park Drive
Concord,
New
Hampshire
03301-8501
New York Life Insurance
Company
51
Madison
Avenue
New
York , NY
10010-1655
212-576-4504 Fax:212-447
- 4268
cpinchia®newyorklife.com
Christopher Pinchiaroli
Corporate Vice President
April26,
2016
Re Ketler
Bosse
v.
New
York Life Insurance Company
ERCNO R) Charge No.:
0105 16
EEOC Charge No.: 160 2016 00110
Dear
Investigator
Burke Cohen:
This
letter
is
the
response
of New
York Li fe Insurance
Company ( New
York Life
or
the
Company )
to the
charge
of employment
discrimination filed
against
it by
one
of ts
former
independent
contractor sales agents, Ketler Bosse.
The Commission
for
Civil Rights ( CCR ) lacks
jurisdiction over the
charge because Mr.
Bosse has long been an
independent
contractor, not an employee,
of
New York Life. This
contention is
amply supported by the facts, reported
case law, and
numerous
decisions of
the EEOC involving
New
York Life agents.
In making
this urisdictional
defense, New York Life does
not
waive any of
ts
other
defenses, including, but not
limited
to, a defense based upon the merits, and
New
York Life
reserves the right
to
submit further information in that regard.
I. BACKGROUNDFACTS
Mr. Bosse began his affiliat ion
with New
York Life
as
a sales
agent New
York Life's New
Hampshire General Office in 2001. He later became a management employee, but in 2005,
he
returned to
his prior
status as
an
independent
contractor sales agent.
At all
relevant times,
Mr. Bosse functioned as, and was treated as, an
independent
contractor sales
agent
for
New
York Life. Mr. Bosse's relat ionship with
the Company
was
governed
by
his Agent's Contract. This contract provided
that
he was an
independent
contractor insurance
agent
for
New
York Life. (See Exhibit A, paragraph 5
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 2/35
Investigator Burke Cohen
New Hampshire CCR
April
26, 2016
Page 2
By way of background, New York Life believes that it has
treated
Mr. Bosse fairly and that
the termination of his contract was not impacted
by
any
form of
mpermissible bias. In
fact, it was a
product
of Mr. Bosse's own questionable behaviors.
In
late 2015- early 2016,
the
Company detected
an
apparent violation
of
ts underwriting
systems in
that an
important email
sent
to insurance applicant Erika Applegate was, in
fact, sent to Mr. Bosse's email address. The purpose of the email was for the insurance
applicant to attest to the factual accuracy
of
her recent application for life insurance.
When asked about this, Mr. Bosse repeatedly claimed that he forwarded the critical email
to Ms. Applegate, his ex-wife, and that she not he verified
the
information. (Exhibit
B
Mr.
Bosse was, however, unable to produce the forwarded email. New York Life 's email
system does not contain such an email. The documentation
that
Mr. Bosse produced to
New York Life appears, to even the untra ined eye, to be an amateur
after-the-fact cut
and-paste
ob. (Exhibit
C
Mr. Bosse
brought
up discrimination only when
it
appeared clear
to
him that his contract with New York Life was to be terminated
for
his involvement in this
scheme.
Because Mr. Bosse was
not
an employee during the
relevant
time period, he is
not
protected
by the Law Against Discrimination. The
CH
R acks jurisdiction over this dispute
and, regardless,
the
charge lacks merit. Either way, it should be dismissed.
II. THE
CHR
ND
EEOC L CK JURISDICTION BECAUSE MR BOSSE WAS
NOT
N
EMPLOYEE OF NEW YORK LIFE
The New Hampshire Law Against Discrimination and Title VII of
the
Civil Rights Act of 1964
outlaw race discrimination in employment. In this regard, to be covered
by these
laws, one
must
be an
employee of
an
employer.
The language
of he
Law Against Discrimination,
Title VII, and similar federal statutes,
as
well as the reported cases under these laws,
demonstrate that the employment discrimination laws do
not
reach non-employees, such
as
independent contractors.
Under Title VII, employers include most entities that employ 15 or more persons on a
regular basis. 42 USC §2000e(b). New York Life concedes general ly that it is
an
employer
under the Law Against Discrimination and Title VII.
The text of Law Against Discrimination does not specifically define
the
term employee.
Rather, it presumes
that
only employees of employers will be protected.
By
comparison,
Section 701 of he Civil Rights
Act
of 1964 defines an employee as follows:
The term
employee means an individual employed by an employer.
42 USC §2000e(f).
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 3/35
Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 3
See Robinson
v
Bankers
Life
Casualty
Co., 899 F.Supp. 848 (D. N.H. 1995) (insurance agent
held to be
independent
contractor; independent contractors
not covered by
the
Americans with Disabilities Act). Thus, non-employees, such as independent contractors,
have
to
look elsewhere
to
secure
their
rights,
if
any.
An analysis of
he
facts in this case compels a dismissal. Mr. Bosse's written agreement
with New York Life denominated him an independent contractor for the Company. Also,
during
the
relevant time period, New York Life accorded Mr. Bosse a
great
deal
of
reedom
in
the
way he conducted himself as a sales agent. In sum, New York Life not only called Mr.
Bosse
an independent
contractor,
but
it
consistently
treated him like one.
To begin with, paragraph 5 of Mr. Bosse's Agent's
Contract
provides, in
pertinent
part:
Neither the term
Agent
nor anything contained in this
contract
or in any
of
the
rules
or
regulations
of
New York Life shall be
construed
as
creating
the
relationship ofemployer and employee between New York Life and
the
Agent. Subject to the provisions of his contract and
within
the scope ofthe
authority granted by
this
contract, the Agent, as an independent contractor,
shall be free to exercise the
Agent's
own discretion and judgment with
respect to the persons from whom
the
Agent will solicit applications, and
with respect to the
time,
place, method and manner of solicitation and of
performance under this
contract.
But the Agent agrees that the Agent will
not engage in
conduct that
which will
affect
adversely
the
good standing or
reputation of New York Life.
Exhibit A
Mr. Bosse has acted
independently
in securing applications for the Company's products.
He could have sold New York Life's products anywhere in the United States, provided he
was licensed by the appropriate state authorities. New York Li fe's search ofpublically
available databases shows
that
Mr. Bosse is, or has been, licensed in a
total
of 12 States
(California, Florida, Georgia, Massachusetts, Maryland, New Hampshire, New Jersey, New
York, Ohio, Rhode Island, Texas, and Vermont). His insurance licensure did not terminate
when he left New York Life.
Notably, Mr. Bosse could
and did
recommend
to
his
client
base
including possibly
New
York Life clients)
competing
insurers' competing products
without
New York Life's
knowledge or permission. New York Life's recent search ofpublically available databases
shows that Mr. Bosse is,
or
has been, under contact with upwards of 15 competitors of
New York Life (these are: American Equity Reserve Life Assurance Company, American
General Life Insurance Company,
Anthem
Health Plan,
Athene
Annuity and Life Insurance
Company, Illinois Mutual Life Insurance Company, John Alden Life Insurance Company,
John Hancock Life Insurance Company, Ohio National Life Insurance Company, Provident
Life and Accident Insurance Company, ReliaStar Life Insurance Company, Savings Bank
Life Insurance Company,
Time
Insurance Company, United of Omaha Life Insurance
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 4/35
Investigator Burke
Cohen
New Hampshire CCR
April 26, 2016
Page4
Company, Unum Life Insurance Company, and Western Reserve Life Assurance
Company). And,
there
could be even more.
In
other words, Mr. Bosse owed New York Life
no
duty of
oyalty or fidelity. Loyalty
or
fideli ty is a sure hallmark of employee status. Its
absence is indicative
of
a
truly
independent businessperson.
Mr. Bosse's abil ity to earn income was entirely dependent upon his sales efforts. If hese
efforts were successful, Mr. Bosse received commission payments. If he sold nothing, he
received no such payments. While there was no
limit
to his earnings potential, Mr. Bosse,
unlike a salaried employee, bore
the
entrepreneur's risk
of
oss.
A high degree of skill is required
to
sell insurance and financial products, as is state
licensure.
It
takes
months, sometimes
years,
for
individuals
to
become
proficient
enough
to capably sell the Company s full range of nsurance and financial products.
As
an
independent
contractor,
Mr. Bosse was
ot
subject
to
the
Company's
employment
and personnel policies. Mr. Bosse set his own work, business travel , and vacation
schedules. He decided when, where, and even
if o
work. Mr. Bosse was
ot
entitled
to
sick, holiday, or vacation pay. Moreover, Company agents are ot covered by the same
health insurance, pension plan, and Section 4 1 k) plans
that
cover New York Life
employees. Furthermore, income taxes were
not
withheld
from
Mr. Bosse's commission
payments.
Mr. Bosse bore all of his
own
operat ing expenses. Mr. Bosse was
permitted
to hire his own
clerical and/or sales support staff. If he chose
to
hire such assistants, he alone set their
terms of heir employment and pay their wages. Also, ordinarily, the Company supplies its
employees
with stationery, office
supplies, and telephones free
of
charge; agents,
however, pay
for
such supplies and services
out
of heir own earnings.
Moreover,
for
many years, Mr. Bosse arranged for, rented, and managed his
own office
space
in
nearby office building and did business under the name of he Future Capital
Group or Bosse Future Capital Group.
Since Mr. Bosse's relationship with New York Life has been
that
of
an
independent
contractor,
the CCR
has no urisdiction to decide the merits of Mr. Bosse's charge.
Therefore,
it must
be dismissed.
Ill. INSURANCE AGENTS HAVE BEEN
FOUN TO E
INDEPENDENT
CONTRACTORS OUTSIDE THE SCOPE OF THE EMPLOYMENT LAWS
Insurance agents, like Mr. Bosse, have traditionally and cons istently been held
to
be
independent
contractors not
covered by state and federal anti -discrimination laws. This is
a function
of
how
the
business model has evolved over time.
To
conclude otherwise would
have wide-spread and drastic effects on how life insurance companies nd their gents
have consensually ordered
their
business relationships and planned
their
economic
expectations.
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 5/35
Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 5
The seminal federal case in this area
is
Nationwide Mutua/Ins. Co. v. Darden 503 U.S. 318
(1992), in which the Supreme
Court
ruled
that
where Congress fails to specifically define
the
meaning
of
he
term
employee,
the common
law
test
should apply. This
test, the so
called right
to
control analysis, involves an assessment of
numerous factors:
In
determining
whether
a hired party is an employee under
the
general
common law of agency, we consider
the
hiring party's right
to
control
the
manner and means
by
which the product is accomplished.
Among
the other
factors relevant to this inquiry are the skill required;
the
source of he
instrumentalities and tools; the location of he work; the duration ofthe
relationship between the parties;
whether
the hiring
party
has the right to
assign addit ional projects to
the
hired party;
the
extent of he hired party's
discretion over when and how long to
work;
the method of payment; the
hired
party's role
in hiring and paying assistants;
whether the work
is
part
of
the regular business ofthe hiring party;
whether the
hiring party is in
business; the provision of employee benefits; and the tax treatment ofthe
hired party.
Darden 503 U.S.
at 323-324, quoting
Community for Creative Non-Violence v.
Reid
490 U.S.
730,751-752 (1989).
An application of the facts in this case to the Darden
test
will yield but one result : Mr. Bosse
was
an
independent contractor of New York Life. Consequently, his allegations
of
discrimination may
not
be
entertained
by the CCR.
New York Life had no right to control Mr. Bosse's manner and means of selling insurance.
He was free
to
solicit insurance applications from anyone he wished, his sales pitch was his
own (within
the
confines of applicable laws and regulations), and he developed
the
bulk
of
his own leads and referrals. Also, Mr. Bosse could, and did, sell competing companies'
competing products
to
customers who could have just as easily become customers of New
York Life. Which company Mr. Bosse's clients became insured by was a matter between
the purchasers and Mr. Bosse.
New York Life placed
no prohibitions
on Mr. Bosse's
right to
hire clerical or technical
assistants
to
facilitate
his sales.
Nor
were his daily activit ies and
whereabouts monitored.
He rented, furnished, maintained, and managed his
own office
suite. Finally, the Agent's
Contract specifically, clearly and unequivocally described the parties' relationship as one
between independent contractors.
Other courts- before and since Darden have come to the same conclusion: that
insurance agents such as Mr. Bosse are
independent contractors,
and
not
employees. In
Barnes v. Colonial Life andAccidentlns. Co. 818 F. Supp. 978 (N.D. Tex. 1993),
the
court
determined that the plaintiff , an insurance agent, was
not
an employee within
the
meaning
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 6/35
Investigator
Burke
Cohen
New Hampshire
CCR
April 26, 2016
Page 6
ofTitle VII. Finding that
the plaintiff
was an independent contractor,
the court
looked at
the following factors:
a)
he was paid
by
commissions, according
to
the amount
of
his sales;
b)
he had a contract with the insurance company which expressly
provided that he was an independent contractor;
c)
the insurance company did not
withhold
state or federal
income
taxes
from his commissions;
d) he established his own schedule and business hours;
e) he was free to solicit insurance applications wherever he was licensed
from
anyone he wished;
(f) he could work
at
the
location of his choice;
g) he was not formally required
to
make regular reports to
the
company;
h)
he did
not
have to
report
his daily activities
to
the company; and
i) he received
no
medical or vacation leave.
A similar result was reached in enkins v Travelers Ins Co., 436 F. Supp. 95 (D. Ore. 1977 ,
where the issue was whether the plaintiff, an insurance agent
for
defendant, was an
'employee,' within the meaning ofTitle VII. /d at 951. The following
factors
led to
the
court s conclusion that Jenkins was ot an employee and thus was ot covered by Title VII:
a) compensation came
from
commissions on insurance placed;
b)
the insurance
company
advised the agents
they
were not employees;
c)
the insurance company did not withhold
income
taxes
for
the agents;
d)
the
agents
were free
to
solicit insurance applications
from
anyone
they
wished;
e) the agents did not have to report
their
daily activities to the insurance
company; and
(f)
the agents received virtually
no
supervision.
In applying these
factors,
the court held:
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 7/35
Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 7
In all of this, it will be seen that
the
classic indicia of an employer-employee
relationship are missing. The alleged employer lacked the right to control or
direct
the alleged employee;
the
alleged employee received no salary ...
Jenkins was an
independent contractor
and
not
a
Title
VII employee.
/d.
at 952.
In the instant matter Mr. Bosse was an insurance agent, who, like Ms. Barnes and Mr.
Jenkins:
a) was paid
on
a commissions only basis;
(b) was expressly denominated an independent contractor under his
contract;
c)
did
not
have
income
tax withheld from his pay;
(d) was free to determine and set his own work hours, place of work,
prospects to solicit and
where
and when to do so;
(e) was not required
to
report his daily activities
to
New York Life or to
attend regular meetings;
(f) received virtually no day to day supervision; and
(g) received no vacation, holiday or sick pay.
It
is clear that like the plaintif fs in
Barnes
and
Jenkins
Mr. Bosse was an independent
contractor not covered under the federal anti-discrimination laws.
Further authority
for
Mr. Bosse s
independent
contracto r status is found in
Dake v Mutual
o Omaha Ins. Co., 600 F. Supp. 63 (N.D. Ohio 1984), which also involves a discrimination
claim brought by an insurance agent. In Dake
the
court dismissed the case holding that
plainti ff, an insurance agent, was an independent contractor not an employee. The
Court
based
its
conclusion on
the
following factors:
a) plaintiff was paid on a commission basis;
(b) plaintiff did not have
income
taxes withheld and used an
IRS
Form
1099 to file his taxes;
c)
plaintiff
was free to solicit whomever he chose;
(d) plaintiffs contract explicitly stated
that
he was an independent
contractor not an employee; and
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 8/35
Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 8
e) plaintiff did
not
have to
report
his daily
activities
and he was free
to
set his own schedule.
More recently, in Murray v Principal Financial Group Inc. 613 F.3d 943 (gth Cir. 2010),
the
a
panel of
he
Ninth Circuit Court ofAppeals held that Ms. Murray, an insurance agent for
Principal Financial, was an independent contractor and not an employee. In doing so, the
court cited numerous other cases
with
similar holdings, but then reviewed many of
he
factors discussed above. Specifically, the court followed Darden and then found the
following factors
to
be
determinative:
a) Ms. Murray s agreement with Principal denominated her an
independent
contractor;
b) Ms. Murray set her own work schedule;
c) Ms. Murray purchased her own supplies;
d) Ms. Murray retained her own sales assistant;
e) Ms. Murray received no vacation or sick days;
(f) Ms. Murray chose
her
own office space;
(g) Ms. Murray could sell
competing
companies
products;
and
h) Ms. Murray was subject only to a limited
amount
of supervision.
Principal Financial s structure is very similar to New York Life s model. A similar result is
therefore
warranted
in this case.
The criteria set forth in Dake and urray are virtually identical to those in Jenkins and
certainly apply to the instant case. Mr. Bosse, like the
agents
in
Barnes Dake Murray
and
Jenkins is paid on a commission basis, does not have income taxes withheld, is free to
choose the manner and method of solicitation, is been expressly denominated as an
independent
contractor
in his
contract
(Exhibit A), is
free
to
set
his
own
schedule, and
operates his own business from a location of his own choosing. There can be no
conclusion but that Mr. Bosse has been an independent contractor
for
New York Life. He is
not
been an employee and is, therefore outside
the
coverage of
he
Law Against
Discrimination and Title VII.
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
http://slidepdf.com/reader/full/new-york-life-answer-to-haitian-ketler-bosse-title-vii-discrimination-charge 9/35
Investigator
Burke
Cohen
New Hampshire CCR
April 26, 2016
Page
IV
NEW YORK LIFE GENTS H VE CONSISTENTLY BEEN
FOUND TO E
INDEPENDENT CONTR CTORS BEYOND THE SCOPE OF FEDER L ND
ST TE EMPLOYMENT L WS
In the past,
New York
Life
agents
have been held
to
be
independent
contractors and,
therefore, outside the scope offederal and state
anti-discrimination
laws. This is amply
demonstrated by the cases outlined below.
The most
recent,
and perhaps
most
important precedent is Santangelo v.
New
York Life
Ins.
Co., 2014 WL 3896323 (D. Mass 2014),
aff d on other grounds
785 F.3d 65
1st
Cir. 2015).
The
Santangelo court followed the Darden
case and
evaluated
the following factors in
determining that the plaintiff was an independent contractor beyond the
coverage
ofthe
ADA and the Massachusetts
Anti-Discrimination
Statute:
a)
New York Life
did
not
control
the manner and
means of
Mr.
Santangelo s work
as
an insurance agent;
b)
Mr.
Santangelo
determined his own sales strategy, his client base, and
the states in which he would sell insurance
c) Mr. Santangelo worked whatever hours he wished;
d)
Mr.
Santangelo
rented his own office space
at
his own expense;
e)
Mr.
Santangelo bore
his own expenses; and
(f)
Mr.
Santangelo
could, and did, sell competing insurers
competing
products;
g) New
York
Life set only a minimum production standard;
Santangelo 2014 WL 3896323 at pp. 6-7.
Also, in 2002, a federal
District Court granted summary udgment to New
York Life, holding
that
a
former
sales
agent
was an
independent
contactor
under Title
VII,
the
ADA, ADEA,
and the
New
York
State Human
Rights Law. This decision was
affirmed
on appeal.
Anyan v.
New
York Li fe Ins. Co., 192
F.
Supp. 2d 228 (S.D.N.Y. 2002),
affirmed as
Anyan
v.
Nelson 68
Fed. Appx. 260 (2d Cir. 2003).
In Anyan the District Court
concluded
that the plaintiff was an independent
contractor,
rather
than an
employee
because, even
though
he had a
long-term relationship with
the
Company:
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
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Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 10
[As] plaintiff acknowledged in his deposition, plaintiff s Agent Contract with
New York Life
provided
that he was
an independent
contractor,
not
an
employee. He was not required to work
from
New York Life s offices and he
was able
to
refuse
any
projects
assigned
to
him
by
New York Life. Plaintiff
had complete discretion over his hours, and was able to hire and fire his
own assistants. He received no benefits and was not taxed as an employee.
He was responsible for his own expenses. Hence, Anyan was not an
employee of New York Life
for
purposes of the employment
statutes, as
a
matter of aw.
Anyan
192 F. Supp. 2d 228
at
238-239.
In 1998, the United States Court of Appeals
for
the
Ninth Circuit, applied
the
common law
agency
test
to determine the status of a former New York Life agent asserting a federal
ADEA claim. The
court
specifically held
that
the
former
agent
was an
independent
contractor
for
New York Life.
Barnhart
v ew
York Life
Ins Co., 141 F.3d 1310 (9th Cir.
1998).
In affirming the District Court s decision in favor of New York Life, the
Ninth
Circuit held:
[c]onsidering all
factors
as a whole, however,
the
balance tips in favor of
independent contractor status. The
contract
Barnhart signed contained
clear language stating that Barnhart would be considered an
independent
contractor, not an employee. Consistent
with
this, Barnhart was free to
operate
his business as he saw fit without day-to-day intrusions. After the
first
three-year
term
of
employment, Barnhart was paid commission only.
Barnhart s
tax
returns indicate that he received most
of
his income from
self-employment. Additionally, Barnhart was not dependent solely
upon
New York Life for his income. Barnhart
admittedly
sold
competitors
products. In light of hese facts, we conclude that Barnhart was not an
employee of New York Life
for
purposes of ... the ADEA.
Barnhart 141 F. 3d at 1313.
A similar result was achieved in
Solowayv.
ew
York Life
Ins Co., No. CIV-77-0849-D (W.D.
Ok. 1978) (claim under ERISA).
Similarly, in
Mehtani
v ew
York Life
Ins Co., 145 A.D.2d 90 1st Dep t 1989),
app. denied
7 4
N.Y.2d 835, (1989), a former New York Life
agent
brought
suit
under the
New
York State
Human Rights Law for employment discrimination. The intermediate state appeals court
-the Appellate
Division--
held that Mehtani s relationship with New York Life was
consistent
with the language of his
contract;
he was an
independent
contractor. The court
found, among other things,
that:
(1) the agent s
compensation
consisted solely of
commissions; (2) New York Life did not deduct any withholding taxes
from
these
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Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 11
commissions; (3)
the agent set
his own work
hours;
and (4)
the
agent
exercised
his own
professional judgment in
the
solicitation of nsurance business.
Anyan Barnhart
and
Mehtani
present
similar
situations
to
Mr. Bosse s
relationship with
New York Life: Mr. Bosse s
contract
specifically states that he was to be an independent
contractor;
he is paid solely
on
a commission basis; he has had
no income taxes withheld
from
these commissions; he is free to
set
his
own work
hours; and he exercises his own
professional
judgment
when he solicits insurance. As
in
Mehtani these
factors
rebut any
claim
that
New
York Life
exercised
control over
the
results produced
by [the
agent]
or the
means used to
achieve the results
and, indeed clearly supported
the contractual
definition
of his status. Mehtani 145 A.D. 2d at 94.
Over
the
years
the
EEOC has repeatedly and consistently
concluded
that New York Life
agents, such
as
Mr. Bosse, are independent contractors, not
employees,
and are beyond
the
scope
of
employment
discrimination
laws, as
shown by the
following
case dismissals.
Allen v. New York Life, EEOC Charge No. 270-90-1175 (New Orleans
District
Office 1990)
Best v. New York Li fe, EEOC Charge Nos. 513-2012-02195 (Oakland Local Office 2014)
Burnett
v. New
York
Life, EEOC Charge No.
14595045 (Greensboro
District
Office
1995)
Cunningham v. New York Life, EEOC No. 210864683 (Chicago
District
Office 1987)
Desai v. New York Life, EEOC Charge No. 21B942928 (Chicago
District
Office 1995)
Herrera
v.
New
York
Life, EEOC Charge No.
453-2007-01587 EI
Paso
District
Office 2008)
Kramer
v.
New
York
Life, EEOC Charge No.
170880775
(Philadelphia
District
Office
1988)
Randel man v.
New
York Life, EEOC Charge No. 145950533 (Greensboro
District
Office,
1995)
Raxter v. New York Life, EEOC Charge No. 380960757 (Seattle
District
Office 1996)
Rigali v.
New
York
Life, EEOC Charge No.
340951282
(Los Angeles
District Office
1995)
Simon
v.
New York Life, EEOC Charge No. 361 94 0867
EI
Paso Area Office 1994)
Smith
v. New
York
Life, EEOC Charge No.
150-92-2084
(Miami
District Office
1993)
Udasco v.
New
York Life, EEOC Charge No.
170A10528
(Philadelphia
District
Office
2001)
Unzel v.
New
York Life, EEOC Charge No. 210922851 (Chicago District Office 1994)
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Investigator
Burke
Cohen
New Hampshire
CCR
April 26, 2016
Page 12
Wehmeyerv. New York Life, EEOC Charge No. 360 88 0508 (San Antonio District Office
1988
The Commission
should
follow the
lead
of
hese
cases and dismiss Mr. Bosse's charge
for
lack
of
urisdiction.
V RESPONSES
T
SPECIFIC REQUESTS
a New
York Life Insurance Company is the Respondent's correct legal name.
b The undersigned is
the
Company's representative on this matter.
c Except as specifically admitted above, all 57 paragraphs
of
he Charge are hereby
denied.
d Other than as to urisdiction, New York Life has no affirmative defenses to raise
at
this time.
e Mr. Bosse was
not
an employee at the relevant times; there is
no
applicable
personnel file.
f. Attached as Exhibit Dare the Company's EEO policies as
they
relate to employees.
g. New York Life Insurance Company is the
parent entity.
h
New
York
Life has more than 20 employees.
i As to the jurisdictional issue of
ndependent
contractor only, at the
present
time,
New
York
Life's witnesses are: Ketler Bosse, his accountant, his employees, his
landlord,
representatives
of
he
other
insurance companies he has been under
contract
with,
and
Corporate
Vice President Albert Marquez. Shouldjurisdiction be
established, New York Life will then address
the
merits, and
the
related witnesses.
j. No consent decrees are in effect.
k New York Life is
not
a federal contractor under the
urisdiction
of he OFCCP.
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Investigator Burke Cohen
New Hampshire CCR
April 26, 2016
Page 13
VI SUMM RY
The
foregoing
demonstrates that Mr. Bosse s charge of unlawful discrimination
must
be
promptly
dismissed
for
lack
of
urisdiction
because Mr. Bosse has been
n
independent
contractor and
not
an
employee
of New York Life.
*
* *
* * *
Thank you
for
your kind attention to this matter, and i fyou should need additional
information please
do
not hesitate to contact me directly.
Enclosures {4)
Sincerely,
1stopher Pinchiaroli
Corporate Vice President
cc: J Skinner, Esq., attorneyskinner®gmai/ com {via email only)
FFIRM TION
I hereby
certify
and affirm, under the penalties of perjury, that
the
factual information in
this Answer
to
Complain
nt s
Charge has been obtained from employees of New York Life
Insurance Compa ecords
thereof.
Christopher
Pinchiaroli
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H[lt 14 2001 16:57 FR
I ~ E I A I
YORI<
LIFE
603 624 9784
TO
L ICEt lSES
P 06/07
e
. .
II
NEW YORK LIFE INSURANCE COMPANY
51
Madison Avenue, New York, NY 1001 0
NEW YORK LIFE INSUR4.NCE AND ANNUITY CORPORATJON
(A
Delaware Corporation)
Address:
S r r e ~ l )
General Office:
Effective
Date:
51 Madison
Avenue,
New York,
NY
10010
NYLIFE INSURANCE COMPANY OF ARIZONA
(An Arizona Corporation)
2398 E. Cumelback Road, Suite 600
Phoenix, Arizona 85016
:\GENT'S CONTRACT
(Form
N8- 01/01)
New York Life Insurance Company,
New York Life
Insurance and Annttity Corporation, NYLIFE Insurance
Compilny
of Arizona (hereinafter collectively New York Life ) hereby authorize
the
Agent
named
above (the Agent), to
solicit applica;ions for individual life insurance policies, individual annuity policies, individual health insurance policies,
group insurance policies, and group annuity policies, n l on such plans as ar<:
i s s u ~ d
by New York Life at
the
time and place
such
applications are obtained.
It
is
mutual >·
agri:<:d
that this authority to act as a soliciting
agent
of New
York Life
is
g:-antcd
by
New York
Life
and acc.:ptcd
by
the Aj:cnt upon the following limitations, terms, provisions and conditions:
I The Agent
shall
conduct the Agent's
business
with New York Life through tht General
O f f i c ~
named above until
further written notice from
New
York Life . The Agent shall have
no authority
to solicit applications or conduct
business in any jurisdiction unless New York
Life and
the Agent are duly licensed under the
laws
of such
jurisdiction to sell such business and act
as
such soliciting agent, respectively. The Agent shall
have
no exclusive
right to solicit applications in any territory.
2. The Agent shall hllve
no
aurhority
for
or on behalf of
New
York Life to accept risks of any kind, to make, modify
or discharge contracts, to. extend the time for paying
any
premium, to bind
New
York Life by any statement,
promise or representation,
10
v.:aive forfeitures r any of
New
York Life's rii;htS or requirements,
or
to place
New
York Life under any legal obligation by any act which
is
not within the authority granted by
New
York Life in this
contract or otherwise in v.Titing.
3. The Agent
is
authorized to collect first and single premiums on behalf ofNew York Life only as follows:
(a) In connection with each application, including
any
supplementary application, obtained by the Agent, the
Agent may collect an amount not exceeding the
full fl.rst
premium for the policy applied
for,
or
not
exceeding the single premium if a singlr: premium policy
is
applied for, but only
if the
A&ent delivers to the
applicant in exchange therefor the coupon receipt attached to the application and corresponding therewith in
date and
number, and
(b) lfthe
full first
premium
is
not
paid
when the application is taken, the Agenr
shall
collect
any
unpaid balance
of all premiums due ~ w York Life
as
ofthe delivery date, and
- I -
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· ·
. .
l'lOl.
14 2001
5:57 FR t-EW YORK LIFE
e
Countersigned by New York Li e
Insurance Company
and
New York
Life
lnsurllltce and Annuity Corpo111tion
and
NYLIFE
l n s u r a n ~ e
Company
of
Arizona
on___________________________ ____
by ;
Title
603 524
9784 TO
LICENSES
P.07/07
e subscribe
theiT
names hereto and to a duplicate hereof.
• 6
Agent
NEW YORK LIFE INSURANCE
COMPANY
NEW YORK LIFE fNSURANCE AND
ANNUITY CORPORATION
AND
NYLIFE
INSURANCE COMPANY OF ARIZONA
by:
~ ~
Phillip J. Hildebrand
Executive Vice Presiden[
in Charge of the Agency Department
TOTC\L
PAGE.07
**
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NEW YORK LIF INSURANCE COMPANY
51 Madison Avenue, New
York,
NY 10010
NEW YORK LIF INSURANCE
AND
ANNUITY CORPORATION
(A Delaware Corporation)
51 Madison Avenue, New York, NY 10010
NYLIFE INSURANCE COMPANY OF ARIZONA
{An Arizona
Corporation)
2398
E
Camelback
Road,
Suite
600
PhoeniK,Arizona
85016
AGENT S CONTRACT
(Fonn
N8-
02/01)
Agent:
A d m e ~
(Street) (City) (State) (Zip)
General Office:
Effective Date:
New
York Life Insurance
Company, New
York
Life
Insurance
and
Annuity Corporation,
NYLIFE
Insurance
Company of Arizona (hereinafter collectively New York Life ) hereby authorize the Agent named
above
(the
Agent), to
solicit applications for individual
life insurance policies,
individual
annuity
policies, individual
health insurance
·
policies,
group insurance policies, and
group
annuity policies, all on such
plans as are i ~ u e by
New York Life at the time
and
place
such applications
are obtained. t is
mutually agreed
that this authority to act as a
soliciting
agent of New
York
Life is
granted by New York Life and
accepted
by the Agent upon the following
limitations,
terms,
provisions
and conditions:
1 The Agent shall conduct the
Agent's
business with
New
York
Life
through
the
General Office named above until
further
written notice from
New
York
Life.
The
Agent
shall
have no authority to solicit applications or
conduct
u s i n e ~
in
any jurisdiction
u n l e ~ New
York Life and the Agent are duly licensed under the laws of such
jurisdiction to sell such business and act as such soliciting agent,
respectively.
The Agent shall have no
exclusive
right
to
solicit applications in
any
territory.
2.
The Agent shall have
no
authority for
or on
behalf of
New
York
Life to
accept
risks
of any kind, to
make,
modify
or discharge contracts, to extend the
time for
paying
any
premium, to bind New York Life by any statement,
promise
or representation, to waive forfeitures or any of New
York
Life s
rights
or requirements, or to
place
New
York Life
under
any legal obligation
by any act
which is not within
the authority granted by New
York
Life in this
contract
or
otherwise
in
writing.
3. The Agent is authorized to collect first and single premiums on behalf of
New
York Life only as follows:
(a)
In
connection
with each
application,
including
any supplementary application,
obtained by
the Agent, the
Agent
may
collect
n
amount
not
exceeding the
full
first premium
for
the policy
applied
for, or
not
exceeding the single
premium
if a
single premium
policy is applied for, but
only
if
the Agent
delivers to the
applicant in exchange
therefor the
coupon receipt
attached to the
application and corresponding therewith
in
date and number, and
(b) If the
full first
premium is not paid when the application is taken, the Agent
shall
collect any unpaid balance
of all premiums
due New
York
Life as
of the delivery date,
and
1
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(c) In connection with a change
of,
or the conversion of, or
the
addition of a rider to, an in-force
policy,
the
amount charged
the
policyowner
by New
York Life
for completing
the
change,
conversion or addition.
Except as authorized above,
the Agent
shall have no
authority
to receive
or
collect for
New York Life
any
premiums or other moneys due or to become due to it.
4.
All
moneys received by the Agent
for
or on behalf of New York Life shall be received by the Agent in a fiduciary
capacity,
and
shall not
be used for any personal
or
other
purpose
whatsoever but shall
be
immediately
paid over
to
New
York Life. When
requested by New
York Life to do so, the Agent shall advise New York Life,
in
writing,
with respect to the circumstances
under
which
the
Agent delivered
any
policy and, with respect to any policy
given
to
the
Agent for
delivery on which
New
York
Life
has not
received
any premium,
whether
the policy
has
been
delivered or remains in the Agent's possession and whether the
Agent
has collected any premium
on
the policy.
5. Neither
the
term Agent (used in
this
contract solely
for
convenience in designating one of the
parties)
nor
anything contained in this contract or in any
of
the rules or
regulations of New
York Life
shall be
construed
as
creating
the relationship of employer and employee
between
New
York
Life and
the
Agent. Subject to the
provisions
of
this contract and within the scope
of the authority
granted by this contract, the Agent,
as an
independent contractor, shall be
free
to exercise the Agent's own discretion and judgment with respect to the
persons
from
whom the Agent will solicit
applications,
and with respect to the time, place,
method
and manner of
solicitation and of performance under
this
contract.
But
the
Agent agrees that the Agent will not engage
in
conduct
which
will
affect
adversely
the good
standing
or
reputation
of
New York Life.
6. The
Agent
hereby (a) acknowledges
receipt of
the Agent/Registered
Representative's
Handbook
(Handbook) and
agrees to observe and
abide
by the limitations of authority and
the rules
specified in or issued
as
supplements to the
Handbook
which apply generally to Agents
of
New York
Life;
(b) agrees
that
the Agent's rights to receive
commissions and service fees as
provided
in
this
contract shall be
further
subject to the rules relating to
commissions
and service
fees as
contained in
the
Handbook,
or
other
published New York Life
rules;
and (c)
agrees that, under
the
circumstances stated
in
the Handbook,
the
Agent shall
be
liable for payment of
the fees,
charges
and
payments
specified in
the
Handbook.
The agreements contained
in this Section
6
shall
extend
to
any
changes or additions to said limitations and rules, whether published in a new Handbook or otherwise given to the
Agent
by written notice,
but
no
rule
hereafter adopted
shall
be construed so as to restrict the Agent's right to direct
and
control
the
Agent s work in performance of this contract.
7.
Within
each
twenty-four
month period
beginning on January
1 of
the
calendar year
after
the Agent has completed
two full
years
of service under this Agent's Contract
and
continuing until December 31 of the calendar year in
which the Agent has
completed
twenty
full
years
of
service under this
Agent's Contract, the
Agent shall
satisfactorily complete
sixty
credits of
Company-approved
continuing education. Within each subsequent twenty
four
month
period,
the Agent
shall satisfactorily complete thirty credits of Company-approved education. The
Agent
agrees to comply with New
York
Life s published
rules
relating to continuing education and agrees that such
rules
may
be amended by New
York
Life from
time
to time.
8. The
Agent
agrees to
reimburse
New York Life for all attorney s fees,
costs,
expenses and losses of
every
kind
which
New York
Life
may at
any
time incur or
pay
on account of
any
garnishment, attachment or
other legal
process or order of any kind which
may
be served upon New York Life by reason of the existence of this or
any
other agent s contract
by
and
between
New York
Life
and
the Agent
or on account of
any assignment
applicable
to
any such agent s contract.
9.
New York Life
is
hereby given a
paramount and
prior
lien
upon all compensation payable under
or
as a result of
this
or
any previous agent's contract
and
under any and
all
agreements amendatory or supplementary to this
contract
as security for the
payment
of any claim or indebtedness or reimbursement whatsoever
due
or to become
due to New York Life
from
the
Agent.
Any sums
becoming due
to the
Agent at any
time may be applied, directly,
by New York Life to
the
liquidation of any indebtedness or
obligation
of the Agent to New York Life, but
the
failure to so apply any sum shall
not
be deemed a waiver of New York Life s lien on any other sums
becoming
due
nor impair its rights to so apply such
sums.
10. Either
the
Agent or New
York Life
may, with or without cause, terminate
this
contract
upon written
notice, said
termination to
become effective thirty days after
the day
on
which such notice is dated.
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11.
In addition
to the right
of
New York Life to
terminate this
contract as provided
in
Section 10
above,
New
York
Life shall have the
right, at
its option,
to terminate this
contract immediately upon giving written notice of such
termination to the
Agent,
for any one or more of the following causes:
(a) The collection or receipt by the Agent of any moneys for
or
on behalf of, or due or to become
due
to, New
York
Life
except
as authorized in
Section
3 above.
(b)
Any unauthorized
appropriation
to
the
Agent s
own
use and purpose
of
any money or
other property
received by
the
Agent for or on behalf of
New
York
Life
or
received
by the Agent for the
benefit
of a
person
other
than
the Agent.
(c) The submission to New
York
Life by the Agent of
any
document on which any required
signature
is not a
genuine
or duly authorized
signature
.
(d)
Any
withholding
by the Agent of any policy or document after such policy or document shall
have
been
demanded by
the
New York
Life.
(e) Any act of the
Agent
by which the Agent, directly or
indirectly,
sells or offers to sell to any
person
or
persons, policies
issued by
New
York Life
at
any
deviation from
the published rates of New York Life
as
furnished to the
Agent
by
New
York
Life
from time
to time.
(f) A violation
by
the Agent of the anti-rebate or improper inducement laws of any state or jurisdiction.
g) Revocation
by
any
state
or
jurisdiction of
the agent s
license
to
act
as
a
soliciting
agent.
12
.
Any
failure of
New
York
Life
in any instance
to
terminate this
contract when
cause
for
such
termination
exists,
or
to insist upon compliance with any of the limitations,
terms,
provisions
and
conditions of this contract, shall not be
construed
as
a waiver of any of
New
York Life s rights
or
of any such
limitations,
terms,
provisions and
conditions,
or of the right of
New
York Life to thereafter enforce
its
rights or insist upon such compliance.
13
. The Agent agrees that upon termination of this contract for
any
reason, including but not limited to resignation or
retirement, the Agent
will not directly
or
indirectly contact,
for
a period of
one year
following such termination,
any policyowners of
New
York
Life within the state or states
in
which the Agent is
licensed
to sell insurance
and/or
annuities, for the
purpose
of
inducing
or attempting to induce such policyowners to cancel,
lapse
or otherwise
surrender
policies sold through
New
York
Life
.
14
.
Except for
the right to
receive
commissions,
the rights, interests and
claims of the Agent against
New
York
Life
arising under or growing
out
of this contract
are
not
assignable,
and no
assignee shall acquire any rights
thereto
,
without
the
written consent
of
New
York
Life. The
right to receive commissions under this
contract may be
assigned
without
the written consent of New
York
Life, but New
York
Life must receive reasonable proof of
such
assignment before it commences payment
to
an assignee. The rights of an assignee under any assignment to which
consent has
been
or may be given or to an assignment of
the
right to receive commissions,
shall be subject
to
the
paramount
and
prior
lien
given to New
York Life by Section 9 above.
15. Commissions on Individual Life Insurance, Individual Health Insurance an individual Annuity Policies
New
York Life shall
pay to the Agent, subject to all the limitations , terms, provisions and
conditions
of this
contract, commissions
on
premiums
received
by
New York Life
under individual life insurance; individual health
insurance and
individual
annuity policies effected upon applications obtained by the Agent while this contract is
in
force,
such
commissions
being
at
the
applicable rates
and
for
the
policy
years, or portions
thereof,
and under the
rules and conditions as specified for
agents
operating under Agent s Contract (Form
N8}
in New
York
Life s
schedules
of
first year
and renewal commission rates
in force
at
the
time
the
applications
are
obtained unless
specified
otherwise,
in
writing,
by
New
York
Life.
A copy of such schedules will be available for the Agent s
inspection at
any
reasonable time
at the General
Office
named above.
New
York
Life reserves
the
right to change compensation,
in
whole or
in
part, at any
time
by giving written notice
to the
Agent
and
the
new rates, policy years ,
rules
and conditions will apply as set
forth
in the
schedules
.
3
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On all
types
and
plans of individual life insurance, individual health insurance and individual annuity policies
which
New
York
Life may issue and which are not
included in
the schedules o first year
and renewal commission
rates,
or
although included
in
such schedules are issued under special underwriting terms
and
conditions,
the
commissions shall
be
such
as
shall
be
designated
in
writing
by an
Executive Officer of
New York
Life.
16. Service Fees on Individual Life and Individual Health Insurance Policies-New York Life shall pay to the
then current agent of
record,
subject to all the limitations, terms, provisions and conditions of this contract, service
fees
on
premiums
received
by New York Life under individual
life and
individual health
insurance
policies,
such
service fees
being at
the
applicable rates
and for the
policy years, or portions thereof,
and
under
the
rules
and
conditions
as
specified for agents operating under Agent s Contract
Form N8)
in
New York
Life s
schedules
of
fJISt year and renewal
commission
rates
in
force at the time the policy applications are obtained unless specified
otherwise, in
writing,
by New York
Life.
A service fee will
be
paid to
the
then current agent of record only
if,
at the time the fee s payable,
a) the policy for which
the
fee s payable
is in
force, and
b)
the agent of record is operating under an Agent s Contract with New York Life,
and
c)
the
agent of record is servicing the policy
in
a manner satisfactory to both
the
policyowner
and
New York
Life. New York Life s decision shall be controlling
in
any dispute
as
to whether service
is
being provided in
a satisfactory
manner.
17. Compensation on Group Insurance Policies, and Group Annuity Policies-New York Life shall pay to the
Agent, subject to all the limitations, terms, provisions
and
conditions
o
this contract, compensation
on
premiums
received by
New
York
Life
under group insurance policies
and on
considerations received by New York
Life
under group annuity policies effected upon applications obtained through the solicitation o the Agent while this
contract is
in
force. The amount of such compensation will be determined in accordance with New York Life s
compensation rates and rules in
force at
the time
such policy
takes effect. A
copy
of
such
compensation rates and
rules will
be
available for
the
Agent s inspection at any reasonable time at
the
General Office named above.
New York Life reserves the right
to
change compensation, in whole or in part, at
any
time without notice to the
Agent and the new
rates,
policy years,
rules
and conditions will apply to premiums received on
coverage which
becomes effective after any such change takes
effect.
Compensation with respect to a)
group
insurance additions, extensions, liberalizations, reinstatements or
replacements, and b) group insurance underwritten jointly
by
New York Life and
another
insurer
or
reinsured,
in
whole
or in part,
by
another insurer or
by
New York Life, shall be determined
in accordance with
New York Life s
rules and regulations, whether published or unpublished,
which
are
in
effect at the
time
of the addition, change or
underwriting.
18. Any
commissions payable
under
this
contract after
the
Agent s death shall be credited to the Agent s
account,
as
they
become
due,
and
be payable to the Agent s executors, administrators or assigns after deduction therefrom of
any indebtedness or obligation of
the
Agent to New York Life.
19.
Nothing
in this
contract,
or any
amendment
or
supplement
to this contract, nor
in
any of the printed literature or
forms of New
York
Life shall impair New York Life s
right
to the full and free exercise of its judgment
in
acting
upon
any application for an insurance
or
annuity
policy;
and
the
Agent shall
have
no right
to
any commission
for
submitting any application upon
which no
insurance or annuity policy
is
effected with
New
York
Life.
20. Written
notice
to the Agent under
this
contract or
any
amendment or supplement to this contract may be given by
mail or by
publication
in
any official publication
or
bulletin of
New
York
Life or
by any other means, except that a
notice under
Section 10 or Section
11 above
shall
not
be
given by
means of such publication. If
the written notice
to the Agent is
given
by mail, it shall be deemed to have been given when duly addressed and mailed to the last
known
post
office
address of
the
Agent, postage prepaid. If such notice
is
given
by
publication,
it
shall
be deemed
to
have
been given whenever published as
above.
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21.
This contract shall
take
effect as
of
the
effective date stated on Page
1
hereof,
if
duly signed by the Agent
and
countersigned on
behalf
of
New York Life
.
22.
The Agent shall obtain and maintain errors and omissions insurance
coverage
in an amount
equal
to not less
than
1
million
per occurrence. Coverage must be
obtained by
the earlier
of
the end
of
the Agent's First Contract Year
or
at the
time
the
Agent
enters into
a
Registered Representative's
Agreement and must be maintained
as
long
as
the
Agent's Contract remains
in
effect. The Company
reserves
the right to change the amount
of
coverage at any
time
by giving written notice
to
the Agent.
23
.
The first Contract
Year under this contract
will commence on
the
effective date
in the
calendar
month
stated on
Page
1 hereof and
will end in the next succeeding year on the last day
of
the calendar month
· pecified
in said
effective date. Each subsequent Contract Year
shall
be
a
period
of
twelve
(12)
consecutive calendar months
ending
in each succeeding year on the last
day
of
the calendar
month so
specified. It is understood
and
agreed
for
all purposes
of the
Agent's association with New York
Life
that any policies effected upon applications obtained
by the
Agent while any
Introductory Contract was
in
force immediately prior
to
the effective date
of
this
Agent's
Contract,
shall be deemed to
have
been obtained during
the first Contract
Year, as defined above.
5
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IN WITNESS WHEREOF
the
parties
to this contract
have
subscribe
their
names hereto and to
a duplicate hereof.
Witnessed by
Countersigned
by New York Life
Insurance Company and New York Life
l n s u ~ e and
Annuity
Corporation and
NYLIFE
Insurance
Company
of Arizona
on
_____
by
Title
Agent
NEW
YORK LIFE INSURANCE COMPANY
NEW YORK LIFE INSURANCE
AND
ANNUITY CORPORATION
AND
NYLIFE
INSURANCE
COMPANY OF
ARIZONA
by
- 6
~ ~
Phillip
J.
Hildebrand
Executive Vice President
in
Charge of
the Agency Department
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•
June 3, 2015
New York Life Insurance Company and
Annuity
Corporation
1155 Elm Street
Manchester, NH 03101
Attn: Nicholas Inglese
Dear
Mr
Inglese:
New Yori<
Life
Insurance
Company
50 Bridge Street
Suite
106
Manchester, NH
03101
Tel. 603
505
8999
Cel.
603
264
9696
Fax
603 782 5847
Ketler
Bosse
Financial Services Professional
The ComJ>all) Yo K ~ e p '
You had asked
to
explain how the application for Erika Applegate (24207770) was taken and how the
client confirmed
the
transaction and received
the
copy
of
her
application.
I was misinformed and was under the impression that I could email the application
to
me and
forward it
a .-
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responding
to
my
request
for her
email.
I
sent i t on
that
date and
as
soon
as I
had received it,
I
forwarded the email to my Client, Erika Applegate. My email records
will
confirm that I forwarded her
the E-App email on
the
date
of
this application.
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why
it
may be
a problem
since there s
no
way to confirm she received
it
in her email.
Regards,
etter Bosse
Centur;on Award
Licensed Agent
New York
Life Insurance Company
New
York
L1fe
Insurance and
Annuity
Corporation
A
Delaware Corporation),
New
York, NY
Registered Representative offering
securities through NYLIFE Securities LLC
Member FINRNSIPC
A Licensed Insurance Agency
1155 Elm
St.
8th Floor
Manchester. NH
03101
603 669 5957
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•
January 12 2016
Nicholas Inglese
G.O. Agency Standards
Consultant
New
York
Life Insurance Company
1155
Elm
Street gth Floor
Manchester NH 03101
Dear Nicholas
Inglese:
New
York Life
Insurance
Company
50 Bridge Street
Suite 106
Manchester, NH
03101
Tel. 603 505 8999 Cel. 603 264 9696
Fax 603 782 5847
Ketler
Bosse
Financial Services Professional
llr Compa y You up•
This letter verifies that the e-mail
sent on
March 5 2015
to
Erika
Applegate
in
connection
with
herE-Life application
was forwarded
to her
by me. The PI received and
signed the requirements personally from her computer and e-mail.
Sincerely
·
Ketler Bosse
Centur on ·vard
Licensed Agent
New York
Life Insurance Company
New
York Life Insurance and Annuity Corporation
(A Delaware Corporation , New York, NY
Registered Representative offering
securities through NYLIFE Securities LLC
ember F NRAJSIPC
A Licensed Insurance Agency
1155 Elm
St,
8th Floor
Manchester, NH 03101
603 669 5957
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6 Home
L Compose
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(164)
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v Smart View
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Stanred
People
Social
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pping
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> Folders
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KETLER
BOSSE
Search
Wckom< to i g n a t u
Your funds are now
Walmart.com
Your Walmart.com
1-f
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Verizon Fios
Your 400
bonus
won't wait
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Welcome
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-
Signature from New Yor
k
Life
Kffi£R BOSS£
>
1c ERIK
PPlEG TE
Hello ER
IKA
APPLEG
AT
E (Pl. Applicant. Owner),
03/0SilS at 3.56 PM
Yo
ur
electro
nic
app
licati
on f o
rms
are ready for yo
ur review and
electron
ic
New York Lffe enables you
Ia
review and sign your application forms electronically. You
process by verifying your personal identity.
To
do
so. please dick the
button
below.
Once your personal identity has been validated. you will be given the option to:
1. Read and agree to the Customer Electronic Consent and Disclosure
2. Review your forms
3. Electronically sign all forms related to your application
If you have any questions regarding this transaction, please contact your New Vorl< Life
Please do not respond to this email as it is an automated message.
Having
trouble viewing
the
images
in
this
email?
Your email provider may have prevented the automatic download of some images 1
may manually adjust your settings to allow the •mages to display, or Qlick Here to be
application.
If you are viewing this message from within your Junk or Spam folder, you may be
to your inbox.
Reply R ply All
or
Forward I More
Click to Reply, Reply All
or
Forward
.-- - -
I
Send
t
B
t
=
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Erika Q
<
>
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- -
o
----- -
· •
.
- L L
Fw: Welcome toe Signature from New York Life
Erika Applegate
Sent: Thursday, September 17, 2015 3:47 PM
To: Ketler
Bosse
On Thursday, March 5, 2015 3:56PM KETLER BOSSE <[email protected]> wrote:
Hello ERIKA APPLEGATE (PI, Applicant, Owner),
Your electronic application forms are ready for
your
review and electronic signature.
New York Life enables you to review and sign your application forms electronically. You can now begin that
process by verifying your personal identity.
To do so, please click the button below.
- - ~ . . . . - - - - n : . - - - - - - . . ~
,....
. .
I - ' '
......
t :
.
Once your personal identity has been validated, you will be given the option to:
1. Read and agree to the Customer Electronic Consent and Disclosure
2.
Review your forms
3. Electronically sign all forms related to your application
If you have any questions regarding this transaction, please contact your New York Life Agent.
Please do not respond to this email as it is an automated message.
Having trouble viewing the images
in
this email?
1
a ~ ~ ~ ; ;
1
V l
1
Your email provider may have prevented the automatic download of some images contained in this message. You
may manually adjust your settings to allow the images to display,
or
Click Here to be directed to your online
application.
If you are viewing this message from within your Junk or Spam folder, you may
be
required to move the message
to your inbox.
h t t m : · / l m A r ~ r i ft nPurvorldifP r o m / o w ~ / ? ~ p = f t p m t = T P M NntP iti=Ro A A A A R 1 Ri
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4/15/2016
Equa
l Employment Opportunity (EEO) INYL
In
tranet
NEWS MY WORK TOOLS & SERVICES
DIRECTORY HELP & RESOURCES
Equal
mployment
Opportunity (EEO)
Created by
De
nise Foley on Oct
27,
2014 2:47 PM. Last
modified by
Den
is
e Foley on
Apr
13, 2016 8:
15AM.
New
York Life has a
long
-standing
commitment to
equal
employment
opportunity EEO).
Through this
policy,
the
Company
is
fulfilling a compelling moral and social
obligation
as
well
as
complying with
the
law.
Since 1964, when New York Life was the first life insurance
company to
sign a voluntary Plan
for
Progress
with the President
of
the United States,
the
Company has made significant progress in employing and
advancing minorities and women.
All
employment
practices, inc luding hiring, training and development, compensation,
promotion
benefits,
tuition assistance, and separation are administered on
the
basis of qualification and
merit
without regard
to
age, citizenship, color, ethnicity, gender, gender identity, genetic information, marital status, national
origin, physical
or
mental disability, political affiliation, race, religion,
sex,
sexual preference
or
orientation,
veteran,
or other
protected status.
It is also part of our policy to ensure that the work
environment
is free of unlawful discrimination or
harassment based on age, citizenship, color, ethnicity, gender,
gender
identity, genetic information, marital
status, national origin, physical
or
mental disability, politica l affiliation, race, religion,
sex,
sexual preference
or orientation, veteran, or other
pmtected
status,
as
well
as
free from harassment
for
any
other
reason.
All
of
the Company's supervisoty and management personnel are responsible
for implementing New
Yo rk
Life's policy of equal employment
opportun
i
ty
and affirmative action.
C
omplai
nt Investigation Procedure
Every New York Life
employee
has a
duty
to prevent and immediately report any incidents of
discrimination
that
they
witness
or
of which they are a victim. The Company will
not
pet-mit retaliation
against any employee
who
makes a complaint of possible discrimination, participates in an investigation,
or
opposes a discriminatory practi
ce.
Please
see
the Complaint & invest iga
ti
on procedu
re
for
further
details.
7 V
iew
s Categor i
es
: Emplo yee Hand
bo
ok Tags: policy, opportunity, employment,
eeo,
equal
Average
User Rating
(0 ratings
)
About New ork Life
Who
We Are
Products & Services
Company Information
Org
Charts
Home
I
Top
of
page
I
Help
Terms of Use
Information Security
Privacy Policies
Contact Us
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4/15/2016
Sexual harassment and other types of harassment INYL Intranet
NEWS
MY WORK TOOLS & SERVICES
DIRECTORY HELP & RESOURCES
Sexual h r ssment and other types of
h r ssment
~ e r s i o n
2
Created by Denise Foley on Nov
6,
2014 8:59AM. Last modified by Denise Foley on Apr
1,
2016 3:22 PM.
New York Life has a zero tolerance policy with regard to sexual or any type of harassment. Harassment in
the workplace, whether based on person's
age,
citizenship, color, ethnicity, gender, gender identity,
genetic information, marital status, national origin, physical or mental disability, political affiliation,
race,
religion,
sex,
sexual preference or orientation, veteran or pther pro tected status,
is
strictly prohibited.
Accordingly, our day-to-day work environment must be free
of
all forms
of
harassment or intimidation.
Sexual Harassment
Sexual harassment is a form
of
sex discrimination which violates federal, state, and local laws. Under
federal
law,
sexual harassment
is
a violation
of
Title
V of
the Civil Rights Act
of
1964.
According
to
the Equal Employment Opportunity Commission
EEOC),
sexual harassment includes
unwelcome sexual advances,
as
well as verbal or physical conduct
of
a sexual nature. Such conduct is
considered
to
be illegal when:
•
it
becomes condition
of
employment;
• employment decisions are made because
of
it;
•
it
unreasonably interferes with an individual's work performance; or,
•
it
creates
an
intimidating, hostile, or offensive working environment.
Sexual harassment can occur equally to men and women, to same and opposite-sex situations,
to
manager-subordinate work relationships,
to
peer work relationships and
to
employees, agents, applicants,
customers, vendors and others outside the Company.
Some examples of behavior that is prohibited by the Company's policy include repeated sexual flirtation,
propositions, remarks about
an
individual's body, sexually degrading words, jokes or e-mails, innuendoes,
gossip, touching, leering, displaying sexually oriented cartoons, pictur
es,
internet sites or screen
savers,
other sexually oriented statements, and/or conduct.
Oth er Types of Harassment
New York Life also will
not
tolerate any forms
of
harassment
of an
individual including harassment related
to
his or her age, citizenship, color, ethnicity, gender, gender identity, genetic information, marital status,
national origin, physical or mental disability, political affiliation, race, religion,
sex, sexual
preference or
orientation, veteran
or
other protected status. Some examples of behavior that is prohibited are unwanted
verbal or physical abuse (including threats), destruction
of
property, graffiti, gossip,
joking
about one's or
group's protected status or other inappropriate comments, drawings,
or
any other such conduct or
behavior.
Complaint Investigation Procedure
Every New York Life employee has a duty
to
prevent and immediately report any incidents
of
harassment
or
conduct
of
a sexual nature that they witness or
of
which they
are
victim.
The
Company will
not
permit
retaliation against any employee who makes a complaint of possible harassment, participates in an
investigation, or opposes a discriminatory practice.
Please
see the Complaint
&
investigation procedure
for
further details.
736 Views
Categories: Employee Handbo.pk
Tags: policy, harassment
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4 15 2016
bout New York ife
Who We Are
Products Services
Company
nformation
Org Charts
Home
I
Top of page
I
Help
Sexual harassment and other types of harassment INYL Intranet
Terms of
se
Information Security
Privacy Policies
Contact s
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4/15/2016 Complaint investigation procedure JNYL Intranet
NEWS MY WORK TOOLS SERVICES
DIRE TORY
HELP RESOUR ES
ompl int investi
g tion
procedure
e r s i o n 2
Created by Denise Foley on Nov 6 2014 9:02 AM. Last modified by Denise Foley on Apr
1
2016 3:22 PM.
New York Life employees are entitled to
an
environment free of discrimination and harassment. Each
member
of
management
is
responsible
for
creating such
an
environment. In addition, all employees have
an obligation to respect the rights of their co-workers
and
others in the workplace. In this regard, all
employees have a du ty to act responsibly to prevent discrimination and harassment, to bring to the
Company's attention any incidents
of
discrimination or harassment
in
violation of Company policies, and
to cooperate in any Company investigation.
An employee should follow the complaint procedures described below if the employee believes he or she
has been subject to discrimination or harassment based on age citizenship, color, ethnicity, gender,
gender identity, genetic information, marital status, national origin, physical
or
mental disability,
race
religion, sex sexual preference or orientation, veteran, or other protected status. In addition, an employee •
should follow the complaint procedures described below
if
he or she is aware of or observes any conduct
in violation of New York Life's policy against discrimination and harassment, including sexual harassment,
sexually suggestive conduct, or harassing behavior.
• An employee should notify his/her manager regarding a complaint of discrimination
or
harassment.
• If an employee believes
it
would be inappropriate to discuss the matter with his/her manager, he or
she should not ify the person in the next highest level of authority in the department.
• An employee may contact his/her Human Resources Business Partners or the Employee Relations
Group
of
the Human Resources Department at 212-576-5368 or 914-846-6431.
• An employee may contact the Ethics Hotline at 888-331-0619
or
www.ethicspoint.com.
• Agency personnel may also contact Zone Agency Standards at the following numbers:
Zone
Telephone
Northeastern 914-847-
9115
Pacific 925-945-
3781
South Central
770-343-
6051
West Central 214-473-
3930
• Agency Management must also notify the Zone Office regarding any complaints by or against an
employee.
• Managers must contact thei r Human Resources Business Partner to ensure that Human Resources
is
aware of any complaints or incidents
of
discrimination
or
harassment concerning an employee.
The Company will review each complaint and undertake a prompt, thorough, and objective investigation of
the matter. Complaints will be kept confidential
to
the extent feasible. If, after the investigation, the
Company believes that its policy against discrimination and harassment has been violated, corrective
action will be taken against the offender, up to and including termination
of
his/her employment.
Each employee of New York Life has a duty to prevent
and
immediately report any discrimination,
incidents of harassment, or conduct of a sexual nature. The Company will not permit retaliation against any
employee who makes a complaint
of
possible discrimination
or
harassment, participates in an
investigation,
or
opposes a discriminatory practice.
It
is
the responsibility of every employee to cooperate in all Company investigations. The Company
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7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
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2016 Complaint investigation procedure
INYL
Intranet .
reserves
the
right to take discip linary action against any employee
who
fails
to
cooperate
or who makes
false statements or provides false information
during
an i
nvestigation.
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2
7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.
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016 Americans with Disabili ties Act (ADA) INYL Intranet
NEWS MY WORK TOOLS SERVICES DIRE
CTO
RY H ELP RESOURCES
Americans with Disabilities
ct
ADA)
3 Version4
Created by Denise Foley on Oct 27, 2014 2:55PM.
Last
modified by HR Admin on Apr 1 2016 3:22PM.
This federal legislation prohibits discr imination aga inst qualified individuals with disabilities who
can
perform the essential functions
of
the
job
with
or
without reasonable accommodation(s). Many states and
some localities have
laws
with similar
def
initions and requirements.
New York Life
has
and will continue to provide reasonable accommodations to enable us to hire and retain
qualified employees who are able
to
perform the essential functions of thei r positions. Consistent with this
commitment, New York Life collaborates with employees in exploring reasonable work accommodations
that
will enable individuals
to
successfully perform their obs and
to
enjoy equal benefits and privileges of
employment.
An individual is disabled under the ADA
if
he
or
she:
• has a physical or mental impairment
•
has
a record of such an impairment; or
•
is
regarded
as
having such an impairment.
A reasonable accommodation is a modificat ion or adjustment to a ob, the work environment, or the way
things usually are done that enables a qua lified individual with a disability to perform the essential
functions of the job.
In general,
an
employee should request an accommodation when she/he needs assistance, due to a
disability, in competing for a job performing a ob r
ga
ining equal
access
to a benefit of employment.
To begin this process, employees should contact their
HR
Bus iness Partner or the
HR
Employee Relations
Group. HR wil l then work with the employee and his/her manager to faci litate an interactive process and
determine next steps.
An employee may also contact his/her Human resources business partners
or
the HR Employee
Relations Group
to
discuss any questions or concerns with regard to the ADA .
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