Charter Schools Decision

By decision dated April 2, 2009, the New York State Appellate Division, Third Department — New York’s second highest court — overturned a trial court’s finding that Charter Schools are subject to the New York State prevailing wage law.  It late 2007, the New York State Department of Labor had issued an opinion that all Charter School work was subject to the New York State prevailing wage law (Labor Law section 220).  The trial court had upheld the DOL’s determination after a challenge was filed on behalf of certain charter school associations.

The Attorney General’s office should be filing an appeal of this decision, which may be viewed here: Charter Schools Decision April 2009

To discuss the impact of this decision on a particular project, please contact one of our labor law attorneys at 631-249-6565.