New York Charter School Ass'n v. Smith
This case involves appeals from two Supreme Court judgments concerning the applicability of Labor Law article 8's prevailing wage provisions to construction, renovation, repair, and maintenance projects undertaken by charter schools. Initially, the Department of Labor (DOL) had issued an opinion that charter school contracts were not subject to these provisions but reversed its stance in 2007. Various charter schools and related entities challenged this new determination, but the Supreme Court dismissed their applications, ruling in favor of DOL. On appeal, the court applied the two-part Erie County test, including modifications from a 2007 statutory amendment, to determine if the projects were subject to prevailing wage laws. The appellate court concluded that charter agreements do not satisfy the requirements of a contract for public work involving laborers, workers, or mechanics, thus reversing the lower court's judgments and declaring charter schools exempt from Labor Law article 8's prevailing wage provisions.