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RAMOS v. SIMPLEXGRINNELL LP

No. 160

24 N.Y.3d 143 (2014)

21 N.E.3d 237

996 N.Y.S.2d 608

2014 NY Slip Op 07198

ROBERTO RAMOS et al., Individually and on Behalf of All Other Persons Similarly Situated, Appellants, v. SIMPLEXGRINNELL LP et al., Respondents.

Court of Appeals of New York.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Fay Law Group PLLC, Washington, D.C. ( Raymond C. Fay of counsel), and Beranbaum Menken LLP, New York City ( Bruce E. Menken and Jason Rozger of counsel), for appellants.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Morristown, New Jersey ( Peter O. Hughes and Grant D. Petersen of counsel), for respondents.

Eric T. Schneiderman , Attorney General, New York City ( Judith N. Vale , Barbara D. Underwood and Steven C. Wu of counsel), for New York State Department of Labor, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

SMITH, J.

The United States Court of Appeals for the Second Circuit has asked us what deference a court should pay to an agency's decision, made for its own enforcement purposes, to construe a statute prospectively only. The agency in question, the New York State Department of Labor, has submitted an amicus brief to us in which it renounces any claim to deference in this litigation. This...

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