Brady v. New York State Department of Labor

Petitioners filed a prevailing wage complaint with respondent Department of Labor (hereinafter the Department) alleging that they were not paid prevailing wages for construction work they performed at a privately-owned facility leased by the Department of Correctional Services. After reviewing the complaint and considering additional information submitted by petitioners, the Department issued an opinion letter in which it concluded that the project was not a public work and, thus, Labor Law article 8 was not applicable. Seeking to review and annul that determination, and citing Labor Law §…