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Feher Rubbish Removal, Inc. v. New York State Department of Labor

N.Y. App. Div.December 22, 2005Cited 21 times
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Case Details

Judge(s)
Pine
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wage Theft

Outcome

The appellate court reversed the lower court's judgment and held that New York Labor Law § 231(1) requires employers to pay prevailing wages to employees collecting garbage and refuse from both public and private buildings under municipal contracts, rejecting the employer's argument that the requirement applies only to public buildings.

What This Ruling Means

**What Happened** Feher Rubbish Removal, a garbage collection company, was contracted by a municipality to collect trash and refuse. The New York State Department of Labor determined that the company had to pay prevailing wages (higher, standardized wages set by the government) to workers collecting garbage from both public buildings and private buildings under this municipal contract. The company disagreed, arguing they only had to pay prevailing wages for work at public buildings, not private ones. **What the Court Decided** The appellate court sided with the Department of Labor. The court ruled that New York Labor Law requires employers to pay prevailing wages to all workers collecting garbage under municipal contracts, whether they're picking up trash from public buildings (like schools or city offices) or private buildings (like businesses or homes) within the contract area. **Why This Matters for Workers** This decision protects workers' right to fair wages on government-contracted jobs. It clarifies that prevailing wage protections extend beyond just work at government buildings to include all work performed under municipal contracts. For garbage collectors and similar workers, this means they can expect higher, standardized wages for the entire scope of their municipally-contracted work, not just portions of it.

This summary was generated to explain the ruling in plain English and is not legal advice.

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