AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of J.E. ROZE ASSOCIATES, INC., as Prime Contractor, and APCO ERECTORS, as Subcontractor, Petitioner, v. DEPARTMENT OF LABOR OF THE STATE OF NEW YORK, Respondent.

Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of the Commissioner of Labor that petitioner Apco willfully failed to pay its employee prevailing wages is supported by substantial evidence. A violation of Labor Law § 220 is willful when the contractor acted knowingly, intentionally or deliberately (Matter of Green Is. Constr. Co. v Roberts, 139 A.D.2d 907; Matter of Cam-Ful Indus. [Roberts], 128 A.D.2d 1006) and where it knew or should have known of the violation (Gross Plumbing Heating Co. v Department of Labor, 133 A.D.2d 524; Matter of Cam-Ful Indus. [Roberts], supra). There was testimony that Apco's president and principal shareholder, James E. Roze, knew the difference between a journeyman and an apprentice, but that Apco paid an employee as an apprentice when in fact he did the work of a journeyman. With respect to the charge that Apco willfully ignored the requirement that an apprentice be enrolled in a registered training program, there is evidence that such requirement was known to Apco's former co-owner, Jack Valder, and its present superintendent, Mark Kjar. The acts and knowledge of those individuals may be imputed to Apco.

Use AI to get other relevant cases.

Comments

MATTER OF J.E. ROZE ASSOC. v. DEPT. OF LABOR
(Sep 27, 1988)