(DOWNLOAD) "Matter J. E. Roze Associates v. Department Labor State New York" by Supreme Court of New York ~ eBook 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
Description
[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.
 "Matter J. E. Roze Associates v. Department Labor State New York" by Supreme Court of New York ~ eBook PDF Kindle ePub Free){kind=link}