§Why CasetextPricing

Manuel De La Cruz, et al., Appellants,v.Caddell Dry Dock & Repair Co., Inc., et al., Respondents.

Brief

65 Cited authorities

  1. Universities Research Assn. v. Coutu

    450 U.S. 754 (1981)   Cited 309 times   1 Legal Analyses
    Holding that the DBA “does not confer a private right of action for back wages under a contract that administratively has been determined not to call for Davis–Bacon work,” but declining to decide “whether the Act creates an implied private right of action to enforce a contract that contains specific [DBA] stipulations”

  2. COX v. NAP CONSTR. CO., INC

    10 N.Y.3d 592 (N.Y. 2008)   Cited 134 times   2 Legal Analyses
    Holding that the Davis Bacon Act does not preempt workers' state law claims for prevailing wages for federally-funded work done at NYCHA projects, nor does any administrative remedy in the statute or accompanying regulations provide the exclusive means to vindicate their rights

  3. Matter of Fink v. Lefkowitz

    47 N.Y.2d 567 (N.Y. 1979)   Cited 300 times
    Noting that FOIL "established a general policy [in favor of] disclosure"

  4. Anheuser-Busch, Inc. v. Abrams

    71 N.Y.2d 327 (N.Y. 1988)   Cited 229 times   2 Legal Analyses
    Noting that "[t]he central issue" on appeal is whether "the focus of the investigation is . . . beyond the scope of the Attorney-General's investigative powers"

  5. U.S. v. City of New York

    359 F.3d 83 (2d Cir. 2004)   Cited 134 times   4 Legal Analyses
    Concluding that benefits in the form of cash payments, food stamps, transportation, and childcare expenses were remuneration

  6. Duane Reade v. Cardtronics

    54 A.D.3d 137 (N.Y. App. Div. 2008)   Cited 78 times   1 Legal Analyses
    Reversing the granting of a motion to dismiss, holding that the subject contract provision, in context, was ambiguous

  7. Lantry v. State

    2005 N.Y. Slip Op. 9573 (N.Y. 2005)   Cited 68 times
    In Lantry v. State of New York, 6 NY3d 49 (2005), the Court of Appeals outlined the procedure whereby the Commissioner of the New York State Department of Labor sets the prevailing rate for workers on State and local public works projects (except in New York City, where it is the responsibility of the Comptroller).

  8. Hoxie's v. Cato-Meridian Cent

    76 N.Y.2d 207 (N.Y. 1990)   Cited 92 times
    Finding the private right of action incompatible in part because the statute authorizes a state agency to enforce the statute through orders

  9. Aguilar v. Henry Marine Service, Inc.

    12 A.D.3d 542 (N.Y. App. Div. 2004)   Cited 35 times

    2003-06532. November 22, 2004. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated June 19, 2003, as denied their cross motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1) insofar as asserted against the defendant Henry Marine Service, Inc., and the defendant Henry Marine Service, Inc., cross-appeals, as limited by its brief

  10. Galdamez v. Biordi

    50 A.D.3d 357 (N.Y. App. Div. 2008)   Cited 30 times

    April 8, 2008. Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 23, 2006, which granted plaintiffs' motion to certify a class in an action to recover the prevailing rate of wages and supplemental benefits pursuant to Labor Law § 220, and for leave to prosecute the action on behalf of the class, unanimously affirmed, without costs. Before: Tom, J.P., Saxe, Nardelli and Williams, JJ. The court did not improvidently exercise its discretion in holding that plaintiff's met

  11. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,884 times   100 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  12. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,871 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.

  13. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  14. Section 3131 - Bonds of contractors of public buildings or works

    40 U.S.C. § 3131   Cited 676 times   15 Legal Analyses
    Requiring government contractors to possess both performance and payment bonds

  15. Section 220 - Hours, wages and supplements

    N.Y. Lab. Law § 220   Cited 304 times
    Mandating individuals who work at public institutions receive prevailing wages

  16. Section 3142 - Rate of wages for laborers and mechanics

    40 U.S.C. § 3142   Cited 126 times   9 Legal Analyses
    Explaining the calculation of overtime pay “under any federal law”