Buffalo law firm focusing on all aspects of commercial law
Burgio and Campofelice, Inc. v. New York State Department of Labor, et al
| Matter Name: | Burgio and Campofelice, Inc. v. New York State Department of Labor, et al |
| Client Name: | Burgio and Campofelice, Inc. |
| Case Summary: | Public work’s general contractor brought action in federal court seeking to enjoin the New York State Department of Labor from enforcing the state prevailing wage law on the grounds that it was pre‑empted by ERISA. Trial court held that it was so pre‑empted and granted a permanent injunction. On appeal, the Court of Appeals held that the state law was not pre‑empted by federal law and that the district court needed to make further determinations as to the Department of Labor’s enforcement policy. The case was vacated and remanded to the district court for further proceedings. Eventually the case was settled. |
| Date of Decision | March 4, 1997 |
| Practice Area | Litigation and Construction Law |