| Workers on
Bridge Lose Suit For Getting NJ Prevailing
Wage While On NY Side
By Matthew
Russell Lee, Patreon
BBC
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UK - Honduras
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SDNY COURTHOUSE,
Feb 10 – Anthony Cortese
worked for Skanska on the
renovation of the George
Washington Bridge. While the
bridge spans New York and New
Jersey, he was paid only the
New Jersey wage.
He sued.
On
the issue on
January 11
U.S. District
Court for the
Southern
District of
New York Lewis
J. Liman held
an oral
argument.
Judge Liman
asked about a
decision by
fellow SDNY
Judge Jed S.
Rakoff; it was
addressed in a
footnote in
the pleadings
as "not
controlling,
nor was it on
a dispositive
motion, but
rather on a
motion to
dismiss."
Things went
around and
around, with
decision
reserved.
And
now, the decision
has come:
"Defendants
move to
dismiss the
third amended
complaint,
Dkt. No. 60
(“TAC”),
pursuant to
Federal Rule
of Civil
Procedure
12(b)(6) for
failure to
state a claim
for relief.
Dkt. No. 72.
Plaintiffs
move for
conditional
certification
of a
collective
action under
FLSA. Dkt. No.
65. The motion
to
dismiss
is granted
with
prejudice.
Because the
TAC is being
dismissed, the
move for
conditional
certification
is denied.
...even if
Plaintiffs had
properly
alleged that
they worked
overtime
hours, their
state law
claims would
nonetheless be
preempted by
the NLRA and
LMRA, and
their
allegations
under FLSA
fail as
governed by
the NLRA.
Thus, the
Court
concludes that
amendment
would be
futile, and
the case is
dismissed with
prejudice."
This
case is
Cortese v.
Skanska Koch,
Inc. et al.,
20-cv-1632
(Liman)
Back on December
29 Judge Rakoff held an oral
argument. Inner City Press
also covered it.
Cortese
operated a fifteen ton Tadano
RT crane and hoist, in both
states.
But he was
paid only the statutory New
Jersey prevailing wage, rather
than that required by New York
Labor Law Section 220 - which
would be $81.54 an hour, with
Supplemental Benefits per hour
of $31.85.
Cortese's
lawyer, after addressing the
Davis-Bacon Act, accused his
adversary of "swinging in the
wind." Judge Rakoff admonished
him, saying he finds ad
hominem attacks to be
unprofessional. It persisted.
At the end of the
hour, with a criminal
sentencing listed on his
docket, Judge Rakoff closed
the arguments.
The case is
Cortese v. Skanska USA, Inc.,
et al., 19-cv-11189 (Rakoff)
***
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