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MATTER OF GEIGER v. NEW YORK STATE DEPARTMENT OF LABOR

15720, 100296/14.

131 A.D.3d 887 (2015)

16 N.Y.S.3d 722

2015 NY Slip Op 06973

In the Matter of KARL GEIGER et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Respondents.

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

Decided September 29, 2015.

IBA's determination is supported by substantial evidence, including the testimony of petitioners' employee and DOL's investigators concerning overtime that was not reflected in petitioners' payroll records (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443 [1987]). There is no basis to disturb IBA's credibility determinations (id.). Although the union contract provided that overtime was required to be authorized, petitioners...

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