United States Second Circuit

In an action alleging breach of contract claims relating to defendant's failure to pay to the plaintiffs prevailing wages for testing and inspection work they performed, two questions are certified to the New York Court of Appeals: 1) what deference, if any, should a court pay to an agency's decision, made for its own enforcement purposes, to construe section 220 of the New York Labor Law (NYLL) prospectively only, when the court is deciding the meaning of that section for a period of time arising before the agency's decision?; and 2) does a party's commitment to pay prevailing wages pursuant to NYLL section 220 bind it to pay those wages only for work activities that were clearly understood by the parties to be covered by section 220, or does it require the party to pay prevailing wages for all the work activities that are ultimately deemed by a court or agency to be "covered" by that portion of the statute?

Appellate Information

• Decided 01/23/2014
• Published 01/23/2014

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel