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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2020 NY Slip Op 02513 [182 AD3d 954]
Regular Panel Decision
Apr 30, 2020

Matter of Colon (Pd 10276, Inc.--Commissioner of Labor)

Nicanor Colon filed for unemployment insurance benefits after ceasing operation of his cleaning business, leading the Department of Labor to assess PD 10276, Inc., doing business as Jan-Pro Cleaning Systems of the Hudson Valley, for additional unemployment insurance contributions. An Administrative Law Judge initially ruled Colon an independent contractor, but the Unemployment Insurance Appeal Board reversed this decision, finding Colon and similarly situated individuals to be employees. PD 10276, Inc. appealed the Board's decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's determination, concluding that there was substantial evidence of an employment relationship based on the indicia of control exercised by Jan-Pro Cleaning over its unit franchisees, similar to findings in prior cases like Matter of Baez. The court highlighted requirements like certification, provision of supplies, periodic inspections, and noncompetition clauses as supporting the Board's conclusion.

Unemployment InsuranceIndependent Contractor StatusEmployment RelationshipFranchise AgreementAppellate ReviewSubstantial EvidenceJan-Pro Cleaning SystemsDepartment of LaborUnit FranchiseesLabor Law
References
6
Case No. MISSING
Regular Panel Decision

Big Yank Corp. v. Liberty Mutual Fire Insurance (In Re Water Valley Finishing, Inc.)

This case is an appeal from an adversary proceeding in the United States Bankruptcy Court for the Southern District of New York. The Bankruptcy Court ruled that a Kentucky district court's award of sanctions against Big Yank Corporation, in the form of attorney's fees, was discharged in bankruptcy under 11 U.S.C. § 1141(d)(1). Liberty Mutual Fire Insurance Company, the appellant, challenged this ruling, arguing the claim did not arise until after the confirmation of Big Yank's reorganization plan. The District Court affirmed the Bankruptcy Court's decision, finding that the possibility of the sanctions claim was within the contemplation of the parties prior to the bankruptcy petition and plan confirmation, thus making it a pre-petition claim discharged by the plan.

Bankruptcy AppealSanctions DischargeAttorney's FeesChapter 11 ReorganizationClaim AccrualPre-petition ClaimContingent ClaimUnmatured ClaimBad Faith LitigationFederal Bankruptcy Law
References
20
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. 2016 NY Slip Op 08059
Regular Panel Decision
Nov 30, 2016

Raja v. Big Geyser, Inc.

Yasir Raja sued Big Geyser, Inc., for personal injuries after being struck by a truck operated by Andre Cruz, an employee of Dynasty Distributors, Inc. Raja alleged that Cruz was an employee of Big Geyser, despite Cruz working for Dynasty, which had a distributor agreement with Big Geyser. Big Geyser moved for summary judgment, arguing Cruz was an independent contractor's employee and not directly employed by them. The Supreme Court granted Big Geyser's motion. On appeal, the Appellate Division affirmed, concluding that Big Geyser's incidental control over Dynasty's distribution was insufficient to establish an employer-employee relationship with Cruz, thus dismissing the complaint against Big Geyser.

Personal InjuryEmployer-Employee RelationshipIndependent ContractorSummary JudgmentVicarious LiabilityAppellate ReviewVehicle AccidentControl TestDistributor Agreement
References
7
Case No. MISSING
Regular Panel Decision
May 03, 2000

RLI Insurance v. New York State Department of Labor

This appeal concerns a dispute between a surety and the Department of Labor over funds held by a school district. The surety, after posting performance and payment bonds for a public improvement project, expended over $176,000 to complete the project and pay laborers following the contractor's default. The Department of Labor sought to withhold funds from the school district for the contractor's underpaid wages on both the subject project and an unrelated one, invoking Labor Law § 220-b (2) (a) (1). The Supreme Court dismissed the surety's application, ruling that the Department of Labor's claim for underpaid wages, even from unrelated projects, was superior. The Appellate Division affirmed this judgment, establishing that Labor Law § 220-b (2) creates a statutory trust for underpaid wages that takes precedence over a surety's subrogation claims.

Surety bondsPerformance bondPayment bondPublic improvement projectSubrogation rightsUnderpaid wagesPrevailing wageStatutory trustLien LawLabor Law
References
3
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. MISSING
Regular Panel Decision

Chesterfield Associates v. New York State Department of Labor

This case addresses Chesterfield Associates' challenge to the New York Department of Labor's 'annualization' rule (12 NYCRR 220.2 [d]), used to assess compliance with the prevailing wage law (Labor Law art 8) on public projects. Chesterfield disputed the annualization of its profit-sharing pension contributions made on behalf of employees who worked on public projects in Nassau and Suffolk counties between 1994 and 1997. The annualization rule calculates an hourly cash equivalent of benefits by dividing total contributions by total annual hours worked (both public and private). Chesterfield argued this methodology effectively penalized contractors by demanding prevailing rates for private work or forcing cash supplements. The Commissioner of Labor, whose decision was affirmed by the Appellate Division and the Court of Appeals, determined that annualization was a reasonable method to value fringe benefits, prevent cost-shifting, and ensure fair competition among contractors.

Prevailing Wage LawAnnualization RuleLabor Law § 220Fringe BenefitsPension ContributionsPublic Works ProjectsContractor ComplianceProfit-Sharing PlanJudicial ReviewAdministrative Deference
References
10
Case No. MISSING
Regular Panel Decision

Pyramid Co. v. New York State Department of Labor

The petitioner, Pyramid Co., challenged a determination by the Commissioner of Labor that its frontage road project in Syracuse, largely constructed on state land to provide access to its shopping mall, was subject to prevailing wage laws under Labor Law § 220. Despite being deemed a "public works project" due to its public benefit and eventual state acquisition, the court found that the Department of Transportation (DOT) was not a party to the construction contract, and the highway work permits issued by DOT did not constitute "contracts for construction." This failed to satisfy a key condition of Labor Law § 220. Consequently, the Commissioner's determination was annulled, and the petitioner's CPLR article 78 petition was granted.

Prevailing Wage LawPublic Works ProjectContract RequirementHighway Work PermitsDepartment of Labor DeterminationAnnulmentCPLR Article 78 ProceedingConstruction ProjectState LandCarousel Center
References
9
Case No. MISSING
Regular Panel Decision
Feb 24, 1988

Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of Labor

Four related CPLR article 78 proceedings were brought by nonmunicipal petitioners (Settlement Home Care, Inc., Christian Community in Action, Inc., and CABS Home Attendants Service, Inc.) along with the City of New York and the Human Resources Administration, challenging determinations by the Industrial Board of Appeals of the Department of Labor. The determinations affirmed that the Commissioner of Labor had jurisdiction to issue labor violation notices against the nonmunicipal petitioners for failing to meet minimum wage requirements for sleep-in home attendants. The core issue was whether these home attendants were exempt from the State Minimum Wage Act under Labor Law § 651 (5) (a) as 'companions.' The court confirmed the board's finding that the attendants were not exempt because the clients were not considered employers, the principal purpose of the attendants was not companionship, and their principal duties included housekeeping. Consequently, the court confirmed the Industrial Board of Appeals' determinations and dismissed the proceedings on the merits.

Minimum Wage ActHome AttendantsLabor Law ExemptionCPLR Article 78Industrial Board of AppealsSleep-in EmployeesEmployer DefinitionCompanionship ExemptionHousekeeping DutiesAgency Determination Review
References
4
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