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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
Jun 05, 2008

What Happened in Felix vs. Weber Metals Reconsideration?

This case consolidates two appeals concerning workers' ability to sue contractors under state law for failing to pay prevailing wages on public housing projects. These projects were federally funded and required adherence to prevailing wage rates as per the Davis-Bacon Act and the Housing Act. The Court of Appeals of the State of New York ruled that workers, as third-party beneficiaries, have valid state common-law breach of contract claims, despite the absence of an implied federal private right of action. The court rejected arguments for federal preemption and the need to exhaust administrative remedies, asserting that state remedies are not superseded. Consequently, the decision affirmed the validity of Labor Law claims in one case and reinstated breach of contract and suretyship claims in the other.

Prevailing WagesDavis-Bacon ActHousing ActThird-Party BeneficiaryBreach of ContractState Law ClaimsFederal PreemptionAdministrative RemediesNYCHAPublic Housing Projects
References
23
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The plaintiffs, former employees of Olympia Mechanical Piping & Heating Corp., initiated an action to recover unpaid wages and supplemental benefits under Labor Law § 220, alleging they were paid below the prevailing rate for public works projects. The Supreme Court, Kings County, initially dismissed several causes of action, including breach of contract, quantum meruit, unjust enrichment, and suretyship, for failure to state a cause of action, and denied the plaintiffs' cross-application to serve a second amended complaint. On appeal, the higher court affirmed the dismissals of the various causes of action. However, the appellate court modified the original order by granting the plaintiffs' cross-application for leave to serve a second amended complaint, citing the absence of prejudice to the defendant and the potential merit of the plaintiffs' claims.

Labor LawPrevailing WageBreach of ContractQuantum MeruitUnjust EnrichmentMotion to DismissCPLR 3211(a)(7)Leave to AmendAppellate ReviewPublic Works
References
18
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What Did the WCAB Decide in Cuadra vs. Community Home Care?

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