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The Appellate Division held that it was not necessary to address the merits of the City Councils argument that a collectively bargained union agreement precluded the City from legislating in this area. Nevertheless, it entered several orders that essentially directed the parties to reach a settlement. The court noted that the union and the City had agreed that the model was indeed a freelancer, that a substantial portion of the compensation to which the model was entitled could be attributed to the Citys efforts in administering FIFA, and that the Citys refusal to pay themodel was partly responsible for her being able to pursue her claim in court. The court noted that the City had not offered any evidence that the amount of the compensation that was unpaid on the model s behalf was significantly disproportionate to the amount of such compensation that could be attributed to FIFA-related activities by the City.
After the regional office asked for a revised payment schedule by June 15, 2014, the model, the City and FIFA each responded on June 19 with a revised payment schedule that depended on the completion of the Worker report by June 28.14The court referred to the plaintiff as a Worker in its memorandum of decision, noting that, because the Plaintiff held the Agent Work Agreement for the FIFA World Cup 2014 campaign on behalf of an independent contractor, it would be liable for a commission on the basis of the commission rate expressed in the Agent Work Agreement if the Worker report was not issued by June 28, 2014.
FIFA was written into New York City law by amendment to the Citys 2009 Budget Act. This is the first of three Budget Acts that have all included provisions relating to FIFA. The budget of 2015 included a provision stating that
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