No Summary Judgment for Contractors Relying on Preemption
Wysocki v. Kel-Tech Constr. Inc., 847 N.Y.S.2d 166 (N.Y. App. Div. 2007)
Here, the court denied the defendants’-contractors’ summary judgment motion to dismiss the breach of contract claims brought against them by plaintiffs-construction workers. The court reasoned that the plaintiffs’ contractual rights would be independent of a collective bargaining agreement whether or not Labor Law § 220 was incorporated into the public works contracts at issue. The court explained that Labor Law § 220 applies across the board, making its requirements non-negotiable. Therefore, the collective bargaining agreement did not have any bearing on the public works contracts at issue in the case.
