Jara v. Strong Steel Door, Inc

In Jara v. Strong Steel Door, Inc. (2008 NY Slip Op 51733[U], 20 Misc 3d 1135[A], 2008 WL 3823769 [Sup Ct Kings County 2008]), Justice Carolyn Demarest denied class certification in an action complaining of underpayment of prevailing wages, supplemental benefit rates and overtime wages. The action arose out of the employer's public works construction contracts with governmental entities. The Court observed that the Labor Law provides a myriad of administrative remedies to investigate and determine whether employees have been paid prevailing wages and overtime. Further, no private right of action exists under the statute dealing with prevailing wage claims (Labor Law, 220) until administrative remedies are exhausted. The Court stated: It is clear that a judicial forum is not the most efficient venue for plaintiffs to pursue their claims .... A trial of this action will consume an enormous amount of time and will significantly delay potential recovery. On other hand, claimants could simply file a complaint individually or collectively with the Department of Labor ... for their prevailing wage claims and ... for other underpayment of wage claims. An administrative investigation would then be undertaken. If it were determined that plaintiffs had been underpaid, defendants could be ordered to pay those wages and that order would be subject to an administrative appeal and, if necessary, Article 78 review, a far more efficient process than the lengthy process of litigation in this Court .... (Jara, 2008 NY Slip Op 51733[U], 2008 WL 3823769 at 17).