(Download) "Matter Eugene Spadaro" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Eugene Spadaro
- Author : Supreme Court of New York
- Release Date : January 22, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appeal from a judgment of the Supreme Court at Special Term, entered February 4, 1980 in Sullivan County, which dismissed petitioners application, in a proceeding pursuant to CPLR article 78, seeking to have an order of respondent vacated. Petitioner operates the Dependable Employment Agency, an employment agency for resort hotel personnel and is engaged in the placement of persons, such as domestics and household employees, in what is denoted by statute as class "A" employment (General Business Law, § 185, subd 4). Following a hearing before a Labor Department hearing officer on February 7, 1979, it was established and petitioner concedes that, for the period June 13, 1979 through June 28, 1978, his agency charged class "A" job applicants, for whom it obtained employment, a fee amounting to 18% of each applicants first full months salary or wages in situations where the employer provided three meals and lodging per working day for the applicant and then deducted a charge therefor from the applicants pay. Upon these conceded facts, the respondent commissioner held that petitioner had violated subdivision 5 of section 185 of the General Business Law in that, pursuant to that statute, the 18% fee can be charged on a placement only when the three daily meals and lodging are supplied by the employer with no deduction therefor from an employees payment that a 10% fee is applicable when a charge is made against an employees wages or salary for meals and lodging provided. As a result, respondent imposed a fine of $100 and a reprimand upon petitioner and his agency, and there ensued the present proceeding wherein petitioner sought judicial review of respondents determination. At Special Term, the court ultimately concluded that respondent had construed the statute at issue correctly and also properly applied it in this instance. Petitioners application for relief was dismissed and the instant appeal ensued. In pertinent part, subdivision 5 of section 185 of the General Business Law provides as follows: "Fee ceiling: For a placement in class A employment the gross fee, including the deposit if any, shall not exceed, in percentage of the first full months salary or wages, the following:
 "Matter Eugene Spadaro" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}