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MATTER OF ALPHONSE HOTEL CORP. v. SWEENEY

251 A.D.2d 169 (1998)

674 N.Y.S.2d 351

In the Matter of Alphonse Hotel Corporation, Trading as Hotel Carter, Petitioner, v. John E. Sweeney, as Labor Commissioner of The State of New York, et al., Respondents

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

June 18, 1998

It is well settled that where, as in this case, the employer's records are found to be inadequate or inaccurate, the Department of Labor may use "other evidence" to calculate the amount of wage underpayment, even though the results may be approximate, and that such other evidence may include the testimony of employees regarding hours worked and tasks performed (Matter of Waterway Constr. Corp. v Sweeney,

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