The Associated General Contractors of New York State is the leading voice of the building and heavy highway construction industry, representing contractors and related companies dedicated to the ideals of skill, integrity and responsibility.
Membership in the AGC NYS provides you with the opportunities to participate in addressing and learning from all the issues and problems created by the complexity of New York State’s current and future current political, legal and regulatory environment.
WEBINAR: Understanding the Impact of the ERISA Preemption Case
WEBINAR: Understanding the Impact of the ERISA Preemption Case
FREE for AGC NYS Members.
A recent court ruling has established that ERISA preemption prevents a union benefit fund from recovering unpaid contributions from a general contractor under New York’s Wage Theft Statute. This decision reinforces the dominance of federal law over state law in such claims and has important implications for contractors regarding their liabilities for subcontractor obligations. This webinar will discuss:
·    Facts of Case
·    Enactment and purpose of NY Labor Law Section 198-e to render contractors jointly and severally liable for the failure of their lower tiered subcontractors to pay their employees’ wages and benefits.
·    ERISA and its requirement that benefit fund contributions can only be sought from a CBA signatory contractor
·    ERISA Preemption over State Statutes with similar coverage components
·    The Court’s holding
·    Potential Application to other State Wage Statutes such as NY Prevailing Wage
Speakers: Aaron Schlesinger, Co-Chair – Labor and Employment, Partner – Peckar & Abramson; Joe Hogan, Vice President, Building Services – AGC NYS
