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ANGELLO v. LABOR READY, INC.

7 N.Y.3d 579 (2006)

859 N.E.2d 480

825 N.Y.S.2d 674

In the Matter of LINDA ANGELLO, as Commissioner of Labor, Respondent, v. LABOR READY, INC., et al., Appellants, and INDUSTRIAL BOARD OF APPEALS, Respondent.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius LLP, Miami, Florida, Washington, D.C. and New York City (Anne Marie Estevez, admitted pro hac vice, Samuel S. Shaulson and Peter Buscemi of counsel), and Schnader Harrison Segal & Lewis LLP, New York City (M. Christine Carty and Jane H. Kauh of counsel), for appellants.

Eliot Spitzer, Attorney General, New York City (Jennifer Brand, Caitlin J. Halligan, Nancy A. Spiegel, Patrick Barnett-Mulligan, M. Patricia Smith and Devin Rice of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

Chief Judge KAYE.

Labor Ready, Inc., a national temporary employment firm, and its subsidiary Labor Ready Northeast, Inc., operate nine branches in western New York. Labor Ready supplies daily workers who perform manual labor—for example, stocking shelves or doing yard work—for businesses and individual customers. In 2002 Labor Ready had 7,000 customers in New York State and employed approximately 18,000 unskilled and semiskilled...

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