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In this CPLR article 78 proceeding, petitioners challenged a determination that they failed to pay prevailing wages and supplements. Petitioners, contractors for a project at Cornell University, were found by a Hearing Officer to have underpaid 10 workers and paid apprentice wages to unregistered apprentices. Crucially, they willfully underpaid Nathan McGeever by paying him an an apprentice rate while he worked without journeyman supervision, thereby entitling him to be paid at the higher journeyman rate. The court found substantial evidence supported the determination that petitioners knew or should have known they were violating Labor Law § 220. Consequently, the court confirmed the determination, dismissed the petition, and upheld the 20% civil penalty imposed.
Sarco Industries v. Angello 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
In this CPLR article 78 proceeding, petitioners challenged a determination that they failed to pay prevailing wages and supplements. Petitioners, contractors for a project at Cornell University, were found by a Hearing Officer to have underpaid 10 workers and paid apprentice wages to unregistered apprentices. Crucially, they willfully underpaid Nathan McGeever by paying him an an apprentice rate while he worked without journeyman supervision, thereby entitling him to be paid at the higher journeyman rate. The court found substantial evidence supported the determination that petitioners knew or should have known they were violating Labor Law § 220. Consequently, the court confirmed the determination, dismissed the petition, and upheld the 20% civil penalty imposed.
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