Legal Opinion

Concerned Home Care Providers, Inc. v. Cuomo

District Court, N.D. New York

Decided September 25, 2013No. 1:12-CV-340 (NAM/CFH)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

Hon. NORMAN A. MORDUE, Senior District Judge.

INTRODUCTION

Plaintiffs, an association of home care providers and six providers of home health care services, brought this action seeking a judgment declaring the invalidity of New York Public Health Law (“PHL”) § 3614-c, entitled “Home care worker wage parity” (“Wage Parity Law”), and a permanent injunction prohibiting defendants from enforcing the statute. Plaintiffs contend that the Wage Parity Law is impliedly preempted by the National Labor Rela*292tions Act (“NLRA”), 29 U.S.C. §§ 151 et seq., and expressly pre-empted…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976

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3Cited by2 opinions

  1. Concerned Home Care Providers, Inc. v. CuomoCourt of Appeals for the Second Circuit · 2015
  2. Lai Chan v. Chinese-American Planning Council Home Attendant Program, Inc.New York Supreme Court · 2015

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