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Petitioners W.M. Schultz Construction, Inc. and William M. Schultz challenged a determination by the New York State Department of Labor which found they failed to pay prevailing wages for a project at Saratoga Race Course. The Department of Labor concluded that a contract between the New York Racing Association (NYRA) and Schultz Construction was subject to prevailing wage laws. The Court reviewed the determination to ascertain if the project qualified as a 'public work' requiring public funding. The Court found no substantial evidence that the project was paid for by public funds, as NYRA did not receive direct state funds for this project and funds transferred from a predecessor entity (Old NYRA) were not earmarked for capital works. Consequently, the Court annulled the determination and granted the petitions, ruling the project was not a public work subject to prevailing wage obligations.
522939 Matter of W.M. Schultz Construction, Inc. v. Musolino is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Petitioners W.M. Schultz Construction, Inc. and William M. Schultz challenged a determination by the New York State Department of Labor which found they failed to pay prevailing wages for a project at Saratoga Race Course. The Department of Labor concluded that a contract between the New York Racing Association (NYRA) and Schultz Construction was subject to prevailing wage laws. The Court reviewed the determination to ascertain if the project qualified as a 'public work' requiring public funding. The Court found no substantial evidence that the project was paid for by public funds, as NYRA did not receive direct state funds for this project and funds transferred from a predecessor entity (Old NYRA) were not earmarked for capital works. Consequently, the Court annulled the determination and granted the petitions, ruling the project was not a public work subject to prevailing wage obligations.
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