Legal Opinion

Tenalp Construction Corp. v. Roberts

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 1988PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

This proceeding raises a question of first impression of whether the New York State Commissioner of Labor may require a contractor on a public work project to pay an employee who is performing both supervisory and nonsupervisory duties the prevailing wage rate under Labor Law § 220 for that portion of the employee’s time that he was doing nonsupervisory work. We now answer that question in the affirmative.

On May 1, 1984, the Sachem Central School District, Holbrook, Suffolk County, entered into a public work contract with the petitioner Tenalp Construction…

2Cases cited22 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  3. Surace v. DannaNew York Court of Appeals · 1928
  4. Austin v. City of New YorkNew York Court of Appeals · 1932
  5. Matter of StrykerNew York Court of Appeals · 1899

17 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. General Electric Co. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1990
  2. Baywood Electric Corp. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1996
  3. Nash v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2006
  4. L & M Co. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1991
  5. Tru-Temp Industrial Insulation Co. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1989

6 more not listed; retrieve them via the Exa API.

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