Del. Labor Department Can't Shake Wage Law Suit

Law360, New York (March 5, 2010, 6:34 PM EST) -- A Delaware state court has refused to dismiss a lawsuit alleging the state’s Department of Labor misclassifies workers on public works construction products and improperly administers the Prevailing Wage Law.

On Wednesday, John A. Parkins Jr. of the Superior Court for the State of Delaware rejected the Delaware DOL’s claim that the plaintiff Tri-State The Roofers did not exhaust its administrative remedies, finding that the plaintiff had little choice but to file suit over the disputed wage classifications.

While Tri-State did not appeal in writing DDOL’s...
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