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

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

A. Uliano & Son. Ltd. v. New York State Department of Labor

This case involves a judicial review of an administrative determination by the New York State Department of Labor concerning prevailing wages and supplemental benefits under Labor Law § 220. The court found that the Department of Labor failed to adequately explain the daily classification of an employee, John Bradley, leading to an unsupported determination of wage underpayment, which was annulled and remitted for reassessment. However, the court affirmed the Department's findings regarding the number of hours worked by employees, the petitioners' willful violation of prevailing wage laws, and the falsification of payroll records, as these determinations were supported by substantial evidence. The decision emphasizes the deference given to the Department's expertise in trade classifications and the employer's burden to negate calculations when records are inaccurate.

Judicial ReviewAdministrative LawLabor LawPrevailing WageSubstantial EvidenceUnderpayment of WagesWage ClassificationPayroll FalsificationWillful ViolationNew York
References
23
Case No. MISSING
Regular Panel Decision

Jacobsen v. New York State Department of Labor

Petitioner, a senior stenographer for the Department of Labor, was terminated after cumulative absences due to a work-related injury exceeded one year, pursuant to Civil Service Law § 71. The Department calculated absences including non-workdays. Petitioner challenged the calculation and argued improper termination due to lack of notice regarding the concurrent running of Family and Medical Leave Act (FMLA) leave. The court found respondent's method of calculating Civil Service Law § 71 leave rational. However, it determined that the Department of Labor failed to provide proper notice that petitioner's FMLA leave would run concurrently with her workers' compensation leave. Consequently, the court annulled the termination, granted the petition for reinstatement with back pay and benefits, and remitted the matter for further proceedings.

Workers' Compensation LeaveCivil Service LawFamily and Medical Leave Act (FMLA)Cumulative AbsencesTermination of EmploymentMedical DisabilityNotice RequirementsReinstatementBack Pay and BenefitsAdministrative Review
References
2
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. 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. M2011-02272-COA-R3-CV
Regular Panel Decision
Aug 03, 2012

ARI, Inc. v. James G. Neeley, Commissioner of the Tennessee Department of Labor and Workforce Development

The Court of Appeals of Tennessee affirmed a Chancery Court order upholding the Tennessee Department of Labor and Workforce Development's determination that ARI, Inc. underpaid state unemployment tax premiums. ARI appealed the assessment, citing due process violations in the administrative hearing and insufficient evidence. The court found that ARI's due process argument was waived due to a failure to raise the issue appropriately during the administrative process. Furthermore, the court concluded there was substantial and material evidence supporting the Department's finding that ARI failed to notify the Department of employee transfers, violating Tenn. Code Ann. § 50-7-403(b)(4). The court also upheld the Department's statutory authority to aggregate accounts and recalculate the tax liability based on the predecessor/successor relationship of the commonly owned entities.

unemployment taxdue processadministrative hearingpayroll transfersTennessee Employment Security Lawagency decisiontax assessmentstatutory authorityexperience ratingemployer liability
References
14
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
Case No. MISSING
Regular Panel Decision

Burgio & Campofelice, Inc. v. New York State Department of Labor

Burgio & Campofelice, Inc. (B&C), a general contractor, sought to prevent the New York State Department of Labor (DOL) from enforcing state prevailing benefit supplement laws. This action stemmed from B&C's subcontractor, Shared Management Group, Ltd., allegedly failing to pay union-related benefit funds, leading the DOL to order the withholding of payments to B&C. B&C argued that New York Labor Law §§ 220 and 223, which impose liability on general contractors for subcontractor non-compliance with prevailing wage laws, are preempted by the Employee Retirement Income Security Act (ERISA). The court reviewed various precedents on ERISA preemption, including GE I and GE II, and concluded that New York Labor Law § 223 is fundamentally linked to § 220, which directly relates to ERISA plans. Therefore, the court found § 223 also preempted by ERISA, granting B&C's motion for summary judgment and denying the DOL's cross-motion.

ERISA preemptionLabor LawPrevailing Wage ActBenefit supplementsGeneral contractor liabilitySubcontractor defaultPublic works contractSummary judgmentFederal preemptionEmployee benefit plans
References
13
Case No. MISSING
Regular Panel Decision

Quadir v. New York State Department of Labor

Plaintiff Mohammed Quadir sued the New York State Department of Labor, alleging disability discrimination, failure to make reasonable accommodations, and retaliation under the Americans with Disabilities Act (ADA) and New York State and City Human Rights Laws (NYSHRL, NYCHRL). The Department moved to dismiss the complaint. The court dismissed the ADA, NYSHRL, and NYCHRL claims based on Eleventh Amendment sovereign immunity. However, it allowed the claims for failure to provide reasonable accommodation, adverse employment action due to disability, and retaliation to proceed, construing them under the Rehabilitation Act. The court also denied Quadir's application for pro bono counsel without prejudice, stating it was too early to determine the merits of the case.

Disability DiscriminationReasonable AccommodationRetaliationAmericans with Disabilities ActRehabilitation ActSovereign ImmunityEleventh AmendmentMotion to DismissEmployment LawPro Se Litigant
References
55
Case No. MISSING
Regular Panel Decision

Baywood Electric Corp. v. New York State Department of Labor

Baywood Electric Corporation, an electrical contractor, initiated a CPLR article 78 proceeding to challenge a final order from the Commissioner of the New York State Department of Labor. The Commissioner had determined that Baywood willfully violated Labor Law § 220 by failing to pay prevailing wages and supplements on a public works contract with the Town of Babylon, imposing back wages, interest, a civil penalty, and debarment. Baywood contended its due process rights were violated by the denial of an adjournment for the administrative hearing and that the willfulness finding lacked substantial evidence. The reviewing court rejected these arguments, affirming the Commissioner's determination and dismissing Baywood's proceeding, finding ample opportunity for counsel and substantial evidence of willful violation based on Baywood's experience and prior similar conduct.

public worksprevailing wage lawLabor Law § 220CPLR article 78due processadministrative lawwillful violationelectrical contractorcivil penaltydebarment
References
8
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