Second Circuit Questions Judicial Deference to New York State Department of Labor

How much deference should courts give to interpretive guidance of the New York Department of Labor?  We’ll soon find out, as the Second Circuit has certified the question to the New York Court of Appeals.  The answer has the potential to significantly impact employers throughout New York.

The question arose out of Ramos v. SimplexGrinnell LP, in which the Plaintiff-employees alleged, among other things, that they were not paid “prevailing wages” for inspection and testing work performed under a public works contract.  The New York Labor Law requires prevailing wages be paid to employees performing “maintenance” work under such contracts.  In the litigation, Plaintiffs argued this work was maintenance; Simplex argued that it wasn’t.

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