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MATTER OF HULL-HAZARD, INC. v. ROBERTS

74 N.Y.2d 710 (1989)

In the Matter of Hull-Hazard, Inc., et al., Respondents, v. Lillian Roberts, as Commissioner of Labor, Appellant, and Upstate New York Council of Operating Engineers, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Jane Lauer Barker of counsel), for appellant.

Verne F. O'Dell for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The judgment of the Appellate Division should be modified by reversing so much thereof as annulled respondent's determination of willfulness and, as so modified, affirmed.

The overtime pay policy of petitioner Hull Corporation (Hull) is identical to that policy previously ruled unlawful by respondent Commissioner of Labor in another administrative proceeding to which Hull was a party (see, Matter...

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