Warring factions continue to litigate over the legal viability of SeaTac, Washington’s Proposition One, a local ordinance increasing the minimum wage for work performed in SeaTac – a close suburb of Seattle and site of Sea-Tac airport – to a whopping $15/hour, considerably higher than the state minimum wage in Washington or any of the
prevailing wage
Second Circuit Reaffirms Prior Ruling Regarding Davis Bacon Contract Claims
By Noel P. Tripp on
Posted in Coverage
In 2003, the United States Court of Appeals for the Second Circuit (which encompasses New York) ruled that workers on projects covered by the federal Davis Bacon Act could not assert contract claims as alleged “third party beneficiaries” of Davis Bacon construction contracts, as permitting such claims would undermine Congress’ intent in electing not to…
New York Appeals Court Upholds Moving Industry Victory in Prevailing Wage Dispute With NYC
By Noel P. Tripp on
Posted in New York State
In a victory for the (always bustling) New York City moving industry, the Appellate Division, First Judicial Department has upheld a May 2011 trial court victory won by an industry association challenging the City Comptroller’s prevailing wage determination for the industry. Matter of Metropolitan Movers Assn., Inc. v. Liu, 95 A.D.3d 596 (1st Dep’t…
I Can’t Go to Jail For Wage and Hour Violations – Or Can I? (Part 2)
By Noel P. Tripp on
Posted in New York State
As discussed here, a New York appellate court recently upheld the conviction of a corporate officer who oversaw a policy of providing “loans” to employees in lieu of wages. Now, another intermediate New York court has followed suit, affirming the conviction, upon a guilty plea, of Spiridon Anthoulis for “grand larceny in the third degree…
New York’s Highest Court Limits Scope of Prevailing Wage Statute
By Noel P. Tripp on
Posted in New York State
In addition to the FLSA and New York Department of Labor’s (NYSDOL) Wage Orders, both of which contain minimum wage and overtime requirements, pursuant to Article 8 of the New York Labor Law, employers in New York may be required to pay “prevailing wage” to workers employed on public works projects, (There is a separate…