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MATTER OF HMI MECHANICAL SYSTEMS, INC. v. McGOWAN

277 A.D.2d 657 (2000)

716 N.Y.S.2d 426

In the Matter of HMI MECHANICAL SYSTEMS, INC., et al., Appellants, v. JAMES J. McGOWAN, as Commissioner of the New York State Department of Labor, et al., Respondents.

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

Decided November 16, 2000.

Rose, J.

In addition to mandating the payment of prevailing wages, Labor Law § 220 requires contractors on public works projects to pay prevailing supplements. "Supplements" are defined as including such benefits as health, welfare, non-occupational disability, retirement, vacation, holiday pay and life insurance (see, Labor Law § 220 [5] [b]).

Early in 1999, petitioners HMI Mechanical Systems, Inc., a contractor regularly employed on public...

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