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The case involved a petitioner's willful failure to pay prevailing wages and supplements for a school roof installation project. The petitioner used an expired wage rate schedule, leading to an investigation by the Department of Labor (DOL). The DOL found a willful violation and imposed a civil penalty and interest. The court affirmed the finding of willfulness, the imputation of liability to an affiliated entity (Pyramid Roofing and Sheet Metal Co., Inc.), and the calculation of back pay for an underpaid employee (Ryan Ernestine). However, the court annulled the maximum 25% civil penalty, remitting the matter for reconsideration, deeming it disproportionate given the lack of bad faith and prior violations.
Matter of Central City Roofing Co., 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
The case involved a petitioner's willful failure to pay prevailing wages and supplements for a school roof installation project. The petitioner used an expired wage rate schedule, leading to an investigation by the Department of Labor (DOL). The DOL found a willful violation and imposed a civil penalty and interest. The court affirmed the finding of willfulness, the imputation of liability to an affiliated entity (Pyramid Roofing and Sheet Metal Co., Inc.), and the calculation of back pay for an underpaid employee (Ryan Ernestine). However, the court annulled the maximum 25% civil penalty, remitting the matter for reconsideration, deeming it disproportionate given the lack of bad faith and prior violations.
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