(Download) "Matter J. E. Roze Associates v. Department Labor State New York" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter J. E. Roze Associates v. Department Labor State New York
- Author : Supreme Court of New York
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
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[143 A.D.2d 510 Page 510] 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.