United States Second Circuit

Plaintiffs seek to enjoin defendants from enforcing the New York Wage Parity Law on grounds that it is preempted by the National Labor Relations Act (NLRA) or the Employee Retirement Income Security Act (ERISA), or is unconstitutional under the Fourteenth Amendment's Due Process and Equal Protection Clauses. The Wage Parity Law sets the minimum amount of total compensation that employers must pay home care aides in order to receive Medicaid reimbursements for reimbursable care provided in New York City and Westchester, Suffolk, and Nassau Counties. Judgment entered in favor of defendants is affirmed, where the Wage Parity Law is not preempted by the NLRA or by ERISA (setting aside subdivision four), and the Wage Parity law is not a violation of plaintiffs' rights under the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

Appellate Information

• Decided 03/27/2015
• Published 03/27/2015

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel