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

Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

Agency Construction Corp. v. Hudacs

This case concerns a general contractor (Petitioner) who challenged a determination by the Commissioner of Labor regarding prevailing wage violations. The Petitioner, having subcontracted a public works project to Rock Hill Construction, was held liable when Rock Hill failed to pay prevailing wages and supplements to its employees. An administrative hearing found Rock Hill guilty of underpayments and submitting false payroll records. The Commissioner adopted recommendations for repayment, interest, and penalties. The Petitioner sought review, questioning employee classifications, hours worked, and the assessed amounts. The court confirmed the Commissioner's determination, finding it was supported by substantial evidence, and dismissed the petition.

prevailing wagespublic workssubcontractor liabilitywage underpaymentfalse payroll recordscivil penaltyinterest assessmentjob classificationemployee testimonysubstantial evidence
References
16
Case No. MISSING
Regular Panel Decision

Emes Heating & Plumbing Contractors, Inc. v. McGowen

Petitioner, a construction company, entered a public works contract but was investigated by the Department of Labor for failing to pay prevailing wages and supplements. After petitioner failed to provide payroll records, an audit and subsequent hearing found that petitioner willfully violated Labor Law § 220 (3) and owed $37,751.81 in back wages, plus interest and a 25% civil penalty. Petitioner challenged this determination via a CPLR article 78 proceeding, alleging procedural errors and due process violations. The court rejected all of petitioner's contentions, including arguments against evidence admission and the finding of willfulness, which was supported by prior violations. The determination against the petitioner was ultimately confirmed, and the petition was dismissed.

Prevailing WageLabor Law ViolationsPublic Works ContractUnderpayment of WagesCivil PenaltyCPLR Article 78Willful ViolationDue ProcessHearing OfficerAudit Findings
References
13
Case No. MISSING
Regular Panel Decision

New York Independent Contractors Alliance v. Liu

This case involves two proceedings challenging the prevailing wage schedules set by the Comptroller of the City of New York for roadbuilders and pavers in public works projects during fiscal years 2011 and 2012. The petitioners, Local 175, United Plant and Production Workers (a labor union) and the New York Independent Contractors Alliance (an employer association), argued that the Comptroller's reclassification of trades and subsequent wage determinations caused them tangible injury, leading to a loss of public work opportunities. The respondents, the Comptroller and two other labor unions, moved to dismiss the petitions based on lack of standing and failure to state a claim. The court denied both motions, concluding that the petitioners had established standing and that a decision on the merits of the claims requires the full administrative record from the Comptroller.

Prevailing WageLabor LawPublic Works ProjectsWage SchedulesLabor UnionsEmployer AssociationsStanding (Legal)Judicial ReviewClassification of TradesCollective Bargaining Agreements
References
67
Case No. MISSING
Regular Panel Decision

TPK Construction Corp. v. Hudacs

The petitioner, TPK Const. Corp., challenged a Department of Labor determination finding it liable for failing to pay prevailing wages and supplements. While conceding underpayment and interest, TPK argued it was innocent, claiming its role was solely providing bonding for its joint venturer, Erie Coatings, Inc., which allegedly managed the project entirely. However, the record showed TPK's active involvement, including its president's presence on site and participation in contract discussions. Furthermore, TPK had a documented history of multiple prior prevailing wage violations, some deemed willful. The court found substantial evidence supported the Department of Labor's determination, concluding that TPK, as an experienced public works contractor, knew or should have known of the violations. The court affirmed the principle of joint and several liability for joint venturers and ultimately confirmed the Department's determination, dismissing TPK's petition.

Prevailing WageLabor LawWillful ViolationJoint VentureCPLR Article 78Administrative ReviewUnderpayment of WagesContractor LiabilityPublic WorksAppellate Review
References
17
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. MISSING
Regular Panel Decision
Oct 10, 2017

Gamero v. Koodo Sushi Corp.

This case involves former employees (Israel Gamero, Norberto Mastranzo, and Oscar Sanchez) suing their former employer (Koodo Sushi and Michelle Koo) for wage-and-hour and record-keeping violations under the FLSA and NYLL. Following a bench trial, the court found that while the plaintiffs had inflated their claims, the defendants failed to maintain accurate payroll records and unlawfully deducted meal and tip credits. The court awarded damages to all three plaintiffs for unpaid minimum wages, liquidated damages, and violations of NYLL wage statement requirements. Additionally, Gamero received damages for a wage notice violation, but claims related to tools of the trade and tip withholding were denied. Overall, the plaintiffs were granted relief on seven of their nine claims, albeit for a fraction of the damages originally sought.

Wage-and-Hour ViolationsFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Minimum WageOvertime CompensationTip CreditMeal CreditRecord Keeping ViolationsWage Statement ViolationsLiquidated Damages
References
47
Case No. MISSING
Regular Panel Decision

Ramaglia v. New York State Department of Transportation

Petitioners, including union representative Joseph Ramaglia, requested payroll records from a steel company under the Freedom of Information Law (FOIL) through the Department of Transportation (DOT). They sought to determine if the steel company, a contractor for overpass replacement on the Long Island Expressway, was violating prevailing wage laws. DOT denied the request, stating it neither possessed nor was required to collect these records, as the steel company was merely a materials supplier, not directly involved in public works construction. Petitioners commenced a CPLR article 78 proceeding to compel DOT to obtain and produce the records. The Supreme Court dismissed their application, agreeing that DOT had no obligation to the supplier's records. On appeal, the court affirmed, ruling that the prevailing wage law does not apply to contracts for the sale of goods, even custom or shop-finished products, especially when such work is a normal part of manufacturing and not typically done on-site.

Freedom of Information LawFOIL RequestPublic Works ContractPrevailing Wage LawMaterials SupplierPayroll RecordsCPLR Article 78Administrative LawAppellate ReviewLabor Law
References
5
Case No. MISSING
Regular Panel Decision

Otis Eastern Service, Inc. v. Hudacs

This CPLR article 78 proceeding reviewed a determination by the respondent regarding the petitioner's alleged failure to pay prevailing wages and wage supplements to 28 workers at the Belleayre Mountain Ski Center project. The petitioner argued that workers were properly classified as general laborers and welder helpers, while the respondent contended they should be classified as intermediate laborers under the Laborers’ Union Local 17 Agreement. The Hearing Officer initially sided with the petitioner, but the respondent rejected this, finding willful underpayments. The court affirmed the respondent's determination, concluding it was supported by substantial evidence and that the finding of willfulness was justified.

Prevailing WageWage SupplementsWorker ClassificationLabor LawCPLR Article 78Willful UnderpaymentUnion ContractsJudicial ReviewAdministrative DeterminationSubstantial Evidence
References
10
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
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