RAMOS v. SIMPLEXGRINNELL LP

Docket No. 12-4901-cv.

740 F.3d 852 (2014)

Roberto RAMOS, Frank Rodriguez, Jose Luis Maldonado, Jose Fernandez, Chris Maietta, Randy Wray, Rogelio Smith, Agban Agban, Yadira Gonzalez, Maximo Estrella, Jr., Jaime Oy Arvide, Nacim Bennekaa, Breno Zimerer, Omar Florez, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. SIMPLEXGRINNELL LP, John Doe Bonding Companies, # 1-3, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2014.


Attorney(s) appearing for the Case

Raymond C. Fay ( Taryn Wilgus Null , on the brief), Mehri & Skalet, PLLC, Washington, D.C., Bruce E. Menken and Jason Rozger , Beranbaum Menken LLP, New York, NY, for Plaintiffs-Appellants.

Edward Cerasia, II ( Dominick C. Capozzola , on the brief), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York, NY, for Defendants-Appellees.

Before: CALABRESI, LIVINGSTON, and CHIN, Circuit Judges.


CALABRESI, Circuit Judge:

This case raises two questions of New York State law that are unsettled and of importance to the relationship between the State's administrative agencies and its courts, as well as to the functioning of New York's labor law. It asks, first, whether a court should give deference not only to an agency's substantive interpretation of a statute arising from an unrelated proceeding but also to its decision to enforce that interpretation only prospectively...

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