Legal Opinion
Chesterfield Associates v. New York State Department of Labor
New York Court of Appeals
Decided May 3, 2005PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
Petitioner, Chesterfield Associates, challenges respondent Department of Labor’s use -of the “annualization” rule (12 NYCRR 220.2 [d]) to assess whether a contractor has fulfilled its obligation under the prevailing wage law (Labor Law art 8) to pay or provide prevailing supplements to employees for work on a public project. For the reasons that follow, we conclude that the Commissioner of Labor reasonably annualized the contributions that Chesterfield made to a profit-sharing plan on behalf of its employees working on the public projects at issue in this case.
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2Cases cited6 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Action Electrical Contractors Co. v. GoldinNew York Court of Appeals · 1984
- Cayuga-Onondaga Counties Board of Cooperative Educational Services v. SweeneyNew York Court of Appeals · 1996
- Rondout Electric, Inc. v. Nys Dept. Of LaborCourt of Appeals for the Second Circuit · 2003
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3Cited by29 opinions
- Samiento v. World Yacht Inc.New York Court of Appeals · 2008
- Spicer v. Pier Sixty LLCDistrict Court, S.D. New York · 2010
- Lantry v. StateNew York Court of Appeals · 2005
- Ramos v. SIMPLEXGRINNELL LPDistrict Court, E.D. New York · 2011
- Barenboim v. Starbucks Corp.New York Court of Appeals · 2013
24 more not listed; retrieve them via the Exa API.