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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

Concerned Home Care Providers, Inc. v. State

The case concerns a challenge by home care service agencies and a trade association (petitioners) to New York's Wage Parity Law (Public Health Law § 3614-c). This law conditions Medicaid reimbursement for home health care services in the metropolitan New York area on agencies paying home care aides a minimum wage, determined by reference to New York City's Living Wage Law. Petitioners argued the law was unconstitutional due to improper delegation of legislative authority, violation of the "incorporation by reference" clause, and violation of home rule provisions. They also challenged the Department of Health's (DOH) interpretation of "total compensation." The Supreme Court granted summary judgment to the respondents (DOH), and the appellate court affirmed, finding no improper delegation, no violation of the incorporation by reference clause, home rule provisions inapplicable as Medicaid is a state concern, and DOH's interpretation of "total compensation" to be rational.

Wage Parity LawHome Health Care ServicesMedicaid ReimbursementConstitutional LawLegislative AuthorityNew York City Living Wage LawHome RuleDue ProcessDepartment of HealthStatutory Interpretation
References
27
Case No. MISSING
Regular Panel Decision

Claim of Jacob v. New York City Transit Authority

Claimant sustained work-related injuries in January 2000 and later sought workers’ compensation benefits alleging recurrence. An issue arose regarding the veracity of the medical history provided to the employer’s independent medical examiners, specifically concerning undisclosed prior similar injuries. A workers’ compensation law judge and subsequently the Workers’ Compensation Board found that the claimant violated Workers’ Compensation Law § 114-a, leading to disqualification from wage replacement benefits. However, the Board authorized medical treatment for the January 2000 injuries. On cross appeals, the Board’s determination was affirmed, finding substantial evidence supported the violation and the appropriateness of the penalties imposed.

Workers' Compensation Law Section 114-aMedical MisrepresentationWage Replacement Benefits DisqualificationMedical Treatment AuthorizationPrior Injuries DisclosureSubstantial Evidence ReviewIndependent Medical ExaminationWorkers' Compensation Board DecisionAppellate ReviewAffirmed Decision
References
4
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

Rhodes v. Bedford County, Tenn.

This case involves an action brought by employees of the Bedford County Ambulance Service against Bedford County, Tennessee, alleging violations of Sections 7 and 8 of the Fair Labor Standards Act (FLSA), specifically regarding minimum wage and overtime provisions. The dispute arose following the Supreme Court's Garcia decision, which made FLSA applicable to state and municipal employees, and subsequent Congressional amendments aimed at easing the transition for local governments. Plaintiffs argued that the county failed to pay proper minimum wage and overtime from April 15, 1986, to June 30, 1986, and that the subsequent change from salaried to hourly pay on July 1, 1986, constituted a scheme to avoid overtime requirements by artificially deflating the regular rate. The court found that the county’s failure to provide proper overtime payments was a continuous violation, thus plaintiffs’ action was not barred by the statute of limitations. The court granted summary judgment for the plaintiffs on the issue of liability under Section 7 of the FLSA, finding both periods of violation. Liquidated damages were awarded for the initial period, but a question of material fact remained for the later period. The defendant's motion for summary judgment was denied.

Fair Labor Standards ActOvertime CompensationMinimum Wage LawPublic Agency EmploymentMunicipal Government LiabilitySummary Judgment MotionsContinuing Violation DoctrineStatute of Limitations FLSAWage and Hour DisputeAntidiscrimination in Employment
References
7
Case No. MISSING
Regular Panel Decision

Korean American Nail Salon Ass'n of New York, Inc. v. Cuomo

This case involves a hybrid CPLR article 78 proceeding and declaratory judgment action brought by two trade groups representing Korean and Chinese owned nail salons in New York State. Petitioners sought to vacate the September 4, 2015 emergency rule by the NYS Department of State (DOS), which mandated wage bonds, and challenged the August 7, 2015 certification by the Department of Financial Services (DFS) that wage coverage was 'readily available.' These actions followed state investigations into wage violations in nail salons and new legislation aimed at protecting workers in the industry. The court ultimately rejected all of petitioners' arguments, finding no arbitrary action by the DFS, sufficient statutory authority, and proper justification for the emergency rule under the State Administrative Procedure Act. Claims of due process and equal protection violations were also dismissed, as the court determined the legislation served a legitimate state interest in worker protection. Consequently, the petition was dismissed, and injunctive relief was denied.

wage bond mandatenail salon industryCPLR Article 78declaratory judgmentemergency regulationState Administrative Procedure Actdue processequal protectionworker protectionregulatory challenge
References
7
Case No. MISSING
Regular Panel Decision

Matter of Central City Roofing Co., Inc. v. Musolino

The case involved a petitioner's willful failure to pay prevailing wages and supplements for a school roof installation project. The petitioner used an expired wage rate schedule, leading to an investigation by the Department of Labor (DOL). The DOL found a willful violation and imposed a civil penalty and interest. The court affirmed the finding of willfulness, the imputation of liability to an affiliated entity (Pyramid Roofing and Sheet Metal Co., Inc.), and the calculation of back pay for an underpaid employee (Ryan Ernestine). However, the court annulled the maximum 25% civil penalty, remitting the matter for reconsideration, deeming it disproportionate given the lack of bad faith and prior violations.

Prevailing WagesWage and Hour ViolationWillful Non-paymentCivil PenaltyImputed LiabilityAffiliated EntitiesBack PayInterest AssessmentJudicial ReviewLabor Law § 220
References
16
Case No. MISSING
Regular Panel Decision

Lai Chan v. Chinese-American Planning Council Home Attendant Program, Inc.

This is a class action suit where plaintiffs, current and former employees, allege violations of the Labor Law for unpaid minimum wages, unpaid overtime wages, unpaid spread of hours wages, and failure to comply with proper notification requirements. They also assert third-party beneficiary claims for breach of contract and unjust enrichment, arguing the defendant failed to pay them according to the Home Care Worker Wage Parity Act and New York City’s Fair Wages for New Yorkers Act, as required under the defendant's contracts with government agencies. The defendant moved to dismiss the complaint or compel arbitration, arguing preemption by the Labor Management Relations Act and the Employment Retirement Income Security Act (ERISA), and the National Labor Relations Act (NLRA), and good faith reliance on administrative opinions. The court denied the defendant's motion in its entirety, finding the claims not preempted and adequately stated.

Labor Law ViolationsUnpaid WagesOvertime PaySpread of Hours PayWage Parity ActFair Wages for New Yorkers ActClass ActionMotion to DismissCompel ArbitrationPreemption
References
48
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
Jul 27, 2001

Claim of Losurdo v. Asbestos Free, Inc.

The case involves a claimant appealing a Workers’ Compensation Board decision. The Board ruled that the claimant violated Workers’ Compensation Law § 114-a by failing to disclose prior left and right knee injuries to physicians and under oath, leading to disqualification from future wage replacement benefits. Although a Workers’ Compensation Law Judge initially found no fraud, the Board reversed this determination on administrative appeal, concluding the claimant knowingly made false statements. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence, emphasizing the Board's authority as the sole arbiter of witness credibility. The court rejected the claimant's explanations of forgetting the prior incidents as not credible.

Workers' Compensation FraudMisrepresentation of Medical HistoryFalse Statements Under OathWage Replacement Benefits DisqualificationWorkers' Compensation Law Section 114-aAppellate Review of Board DecisionWitness CredibilitySubstantial EvidencePrior Knee InjuriesAdministrative Appeal
References
11
Case No. MISSING
Regular Panel Decision

Opn. No.

This legal opinion addresses whether cost-of-living adjustments paid by the New York City Transit Authority (TA) to its employees, represented by the Transport Workers Union of America (TWU), are subject to suspension under the wage freeze provisions of the Financial Emergency Act for the City of New York. The Act, enacted in 1975 to address the city's fiscal crisis, includes the TA as a 'covered organization' whose salary and wage increases are suspended. The opinion concludes that cost-of-living adjustments constitute 'salary or wages' based on common interpretation and legal precedents. Therefore, the opinion holds that such payments by the TA would violate the Act's wage freeze mandate, aligning with the legislative intent to prevent the city's financial collapse.

Wage freezeCost-of-living adjustmentsFinancial Emergency ActNew York City fiscal crisisPublic employeesCollective bargainingStatutory interpretationEmergency powersGovernmental entitiesEconomic stabilization
References
11
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