Frey & Campbell, Inc. v. Hartnett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Determination unanimously confirmed and petition dismissed without costs. Memorandum: Respondent’s determination that petitioner willfully failed to pay prevailing wages and supplements to eight employees by classifying them as laborers and carpenters rather than as plumbers is supported by substantial evidence. Petitioner knew or should have known that the employees were performing plumbing work yet were classified and paid lower wages as laborers and carpenters. The term willful does not imply a criminal intent to defraud but requires only that petitioner acted knowingly, intentionally or…
2Cases cited5 opinions
- In Re the Claim of ValvoNew York Court of Appeals · 1982
- In re Cam-Ful Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Hull-Hazard, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Claim of ValvoAppellate Division of the Supreme Court of the State of New York · 1981
- Green Island Construction Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- Elmira Structures, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1989