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General Contractor Not 'Employer' of Subcontractor's Workers

By Sherri Okamoto (Legal Reporter)

Wednesday, May 2, 2012 | 0

The general contractor on a construction project was not a "joint employer" of a subcontractor's workers, the New York high court said, reversing a contrary determination by the state Industrial Board.Case: Matter of Ovadia et al. v. Office of the Industrial Board of Appeals et al., No. 72, 05/01/2012, published.Facts: In 2006, a real estate developer hired HOD Construction Corp. to act as general contractor for the construction of two multi-family residences in Queens. HOD then entered into a subcontract with Well Built Construction Corp. for the masonry work on the project. Under th...

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