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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

C.E.L. Lumber, Inc. v. Roberts

The petitioner, a contracting business, was hired to convert a two-family house into a community residence in Franklin County. A Department of Labor inspection found the petitioner was paying employees less than prevailing wages for public works projects, initially advising residential rates. Later, the Department asserted the higher general construction rate applied, withholding funds and assessing a $6,260 underpayment plus interest. A subsequent hearing upheld the general rate and deemed the underpayment willful, imposing a $750 civil penalty and 10% punitive interest. This court affirmed the applicability of the general wage rate, but annulled the $750 civil penalty and reduced the interest rate to 6%, finding no evidence of willful underpayment given the petitioner's immediate compliance and lack of prior violations. The matter was remitted for further proceedings consistent with the modification.

Public Works ProjectPrevailing WageUnderpaid WagesCivil PenaltyLabor Law § 220CPLR Article 78Community ResidenceGeneral Construction RateResidential Construction RateWillful Underpayment
References
1
Case No. ADJ6691358
Regular
Jul 16, 2019

JAVIER GUERRA MENDOZA vs. SILVA BROS DAIRY, ATHENS ADMINISTRATORS

The defendant sought reconsideration of a WCJ's decision that found applicant sustained injury AOE/COE and awarded penalties for delayed attorney fees. Defendant primarily argued that the WCJ should have dismissed the claim for underpayment of permanent disability indemnity, rather than deferring it. The Appeals Board denied reconsideration, finding that the deferral of the underpayment issue was an interlocutory order not subject to reconsideration, and the defendant failed to demonstrate significant prejudice or irreparable harm. The Board emphasized the WCJ's discretion to develop the record when insufficient evidence exists.

AOE/COESilva Bros DairyAthens AdministratorsPetition for ReconsiderationFindings of FactAwardOrders and Opinion on DecisionWCJattorney's feespenalty
References
0
Case No. Index No. 656523/22|Appeal No. 5769|Case No. 2025-00122
Regular Panel Decision
Feb 05, 2026

Gordon v. Triumph Constr. Corp.

The Appellate Division, First Department, affirmed an order denying defendant Triumph Construction Corp.'s motion to dismiss plaintiffs' breach of contract claim. The court held that workers employed under public works contracts possess both an administrative remedy under Labor Law § 220(3)(a) and a third-party right to pursue a breach of contract claim for underpayment against the general contractor. Consequently, the exhaustion of administrative remedies is not a prerequisite for such claims. This decision clarifies the available legal avenues for workers seeking redress for underpayment in public works projects.

Public Works ContractsBreach of ContractUnderpaymentAdministrative RemediesDismissal MotionCPLR 3211(a)(7)First DepartmentAppellate ReviewGeneral Contractor LiabilityLabor Law
References
6
Case No. MISSING
Regular Panel Decision

TPK Construction Co. v. Dillon

Petitioner TPK Construction Co. challenged a Department of Labor order which found underpayment of prevailing wages and supplements and imposed interest. The court found substantial evidence supporting TPK's failure to pay prevailing wages and non-registration of apprentice workers. The methodology used by the investigator was deemed acceptable due to TPK's lack of comprehensive payroll records. The court modified the underpayment amount from $211,730.14 to $207,475.06, granting TPK credit for a $4,255.08 retroactive payment. The challenge to the imposition of interest on withheld moneys was denied.

Prevailing WagesLabor Law ViolationUnderpaymentApprentice WorkersPayroll RecordsInterest ImpositionRetroactive PaymentJudicial ReviewCPLR Article 78Department of Labor
References
2
Case No. MISSING
Regular Panel Decision

Lantry v. State

The petitioner initiated a CPLR article 78 proceeding to challenge a determination by the Commissioner of Labor. This determination found the petitioner failed to pay prevailing wages and supplements on a public works project for the Ichabod Crane Central School District. The Department of Labor reclassified work performed as glazier tasks to that of ironworkers, masons, laborers, or carpenters, alleging willful underpayment. The petitioner contested the Department's use of a 'nature of the work' test and its reliance on collective bargaining agreements for trade classification, arguing for survey-based evidence. However, the court confirmed the Department's expertise and methods, dismissing the petition and upholding the finding of willful underpayment.

Prevailing wageLabor lawTrade classificationWillful underpaymentCollective bargaining agreementsIronworkersGlaziersStatutory interpretationJudicial reviewCPLR Article 78
References
20
Case No. MISSING
Regular Panel Decision
Jan 21, 1992

Saitanis Enterprises, Inc. v. Hines

The petitioner initiated a proceeding pursuant to CPLR article 78 to challenge a determination by the New York State Department of Labor. The Department of Labor's determination, dated January 21, 1992, found that the petitioner failed to pay prevailing wages and supplements to its employees in violation of Labor Law § 220. The court confirmed the Department of Labor's determination, finding that the record supported the finding of underpayment and that the calculation of underpayment was supported by substantial evidence. The court also deemed the petitioner's argument regarding worker classification as untimely, noting that challenges to prevailing wage rate schedules must be made within four months of receipt. Consequently, the proceeding was dismissed on the merits, with costs.

prevailing wagesunderpaymentDepartment of Laborcredibility determinationsworker classificationtimeliness of challengeadministrative agencysubstantial evidencelabor law violationjudicial review
References
5
Case No. 2025 NY Slip Op 04574
Regular Panel Decision
Aug 06, 2025

Matter of Suburban Restoration Co., Inc. v. State of New York Dept. of Labor

This case involves a CPLR article 78 proceeding initiated by Suburban Restoration Co., Inc., and others, challenging a determination by the Commissioner of the New York State Department of Labor. The Commissioner found that Suburban willfully failed to pay prevailing wages and supplements to employees on three public work projects, falsified payroll records, and assessed a 16% annual interest on underpayments along with a 15% civil penalty. The Appellate Division, Second Department, reviewed the determination and found it to be supported by substantial evidence. The court upheld the Commissioner's findings regarding underpayments, willful non-compliance, falsified records, and the method of calculating back wages, as well as the proportionality of the civil penalty.

Prevailing WagesPublic WorksWage UnderpaymentFalsified Payroll RecordsCivil PenaltyLabor Law ComplianceArticle 78 ProceedingAdministrative ReviewSubstantial EvidenceEmployer Liability
References
14
Case No. MISSING
Regular Panel Decision

Murphy's Disposal Services, Inc. v. Gardner

The petitioners, Murphy's Disposal Services, Inc. and its owner Michael J. Evereth, initiated a CPLR article 78 proceeding to challenge a determination that they willfully failed to pay prevailing wages. Their contracts with the Town of Colonie for waste collection did not always include prevailing wage schedules, and they initially relied on a 1996 Department of Labor opinion letter. However, the 2004 contract specified prevailing wages, and a Department investigator informed Evereth in 2006 that the opinion letter was incorrect. Despite this, petitioners continued to underpay their employees. Following an audit and hearing, a willful underpayment of approximately $70,000 was found. The Court confirmed this determination, asserting that knowledge or imputed knowledge of a violation suffices for a finding of willfulness, and dismissed the petitioners' arguments.

Prevailing wagewillful underpaymentLabor LawCPLR article 78waste collectionpublic contractsadministrative reviewemployee compensationDepartment of Laborbuilding service work
References
8
Case No. MISSING
Regular Panel Decision

North Country Installers v. Commissioner of Labor

The petitioner, a subcontractor to Nickerson Corporation, was found by the Department of Labor to have underpaid its employees for sheet metal work during a renovation project at Watervliet High School. Following an audit and a hearing, the Department determined a total underpayment of $3,639.74 but assessed no civil penalty due to the non-willful nature of the violation. The petitioner initiated a CPLR article 78 proceeding to challenge the wage rate schedule and employee classification. However, the court ruled the proceeding was time-barred as it was not commenced within four months of the petitioner receiving the prevailing wage rate schedule. Consequently, the court's review was limited to whether the underpayment determination was supported by substantial evidence, which it found to be the case, thereby confirming the determination and dismissing the petition.

Time-barredPrevailing WageSubcontractorSheet Metal WorkUnderpaymentLabor LawCPLR Article 78Judicial ReviewWage Rate ScheduleJob Classification
References
1
Case No. MISSING
Regular Panel Decision

D.D.G. General Contracting Corp. v. Hartnett

Petitioner, a public works contractor, faced a proceeding initiated by the Department of Labor (DOL) regarding underpayment of prevailing wages and benefits to its employees on a contract with the Department of Transportation. A Hearing Officer determined that petitioner failed to pay three employees properly, keep accurate records, and underpaid workers due to improper record-keeping, deeming the violations willful and imposing interest and a penalty. The court affirmed the use of engineer's summaries as evidence for underreported hours where petitioner's records were inadequate, and upheld findings for three specific employees and for overtime violations for two others. However, the court found a lack of substantial evidence for the amount of underpayments for eight employees due to DOL's inconsistent data utilization. Consequently, the determination was annulled, and the matter remitted for reassessment of underpaid wages and supplements, and a reconsideration of the imposed penalty.

Prevailing WageUnderpaymentPublic Works ContractRecord Keeping ViolationsLabor Law ViolationsWillful ViolationsCivil PenaltyInterestRemittalJudicial Review
References
8
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