On February 23, 2017, the New York Appellate Division, 3rd Department, issued a Memorandum and Order striking down the determination of the New York Department of Labor that required Petitioner, W.M. Schultz Construction, Inc., et al, to pay prevailing wages for work on NYRA’s Saratoga Springs racetrack. The matter was successfully argued by Partner Chip Gordon, who was assisted by Couch White Associate Steve Rosemarino.
This Decision clearly serves to rule out the requirement of prevailing wages on NYRA construction projects, and more broadly serves to inhibit the Department of Labor from imposing prevailing wages on projects of non-profit corporations, even if they are closely tied to the State or other governmental agencies.