ELMIRA STRUCTURES, INC. v. HARTNETT


149 A.D.2d 913 (1989)

Elmira Structures, Inc., Petitioner, v. Thomas F. Hartnett, as Commissioner of Labor for The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1989


Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

The determination of the Commissioner of Labor that petitioner willfully failed to pay 14 employees the prevailing wage, resulting in an underpayment of $2,397.07, is supported by substantial evidence. Petitioner, an experienced contractor, knew or should have known that these employees were performing carpentry or ironwork, yet it improperly classified and paid them lower...

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