Gross Plumbing & Heating Co. v. Department of Labor
This text of 133 A.D.2d 524 (Gross Plumbing & Heating Co. v. Department of Labor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Determination unanimously confirmed and petition dismissed without costs. Memorandum: Respondent’s determination that petitioner willfully failed to pay an employee prevailing wages and supplements in violation of Labor Law § 220 (3) is supported by substantial evidence. Petitioner knew, or should have known, that the employee was working on a public works water project and was being paid less than the prevailing wage rate. Petitioner’s good faith in cooperating in the investigation and promptly remedying the violation does not preclude a finding of willfullness (see, Matter of CamFul Indus. [Roberts], 128 AD2d 1006, 1007). (Original proceeding pursuant to Labor Law § 220 [8].) Present — Dillon, P. J., Denman, Green, Balio and Davis, JJ.
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Cite This Page — Counsel Stack
133 A.D.2d 524, 519 N.Y.S.2d 896, 1987 N.Y. App. Div. LEXIS 50002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-plumbing-heating-co-v-department-of-labor-nyappdiv-1987.