By Tina Traster
A West Nyack-based environmental company and its CEO has filed a lawsuit in Rockland County Supreme Court against the Town of Clarkstown over a twelve-year-old dispute that could cost the plaintiff nearly $1 million in its own battle with the Department of Labor.
Away Environmental Inc., is seeking reimbursement or indemnification from Clarkstown for its underpayment of wages to employees working on a public project, saying it followed the town’s guidance on “prevailing wages.”
“The client is trying to be made whole,” said Scott Paton, attorney for Away. “The town told the client what the prevailing rate was to be, the client paid that rate, but the Department of Labor has determined it to have been wrong and has imposed significant damages as a result.”
Under New York State Law, contractors and subcontractors must pay the prevailing wage plus benefits to all workers under a public work contract. The prevailing wage is the pay rate set by law for work on public projects. This applies to all laborers, workers and mechanics employed under a public work contract.
The Town of Clarkstown said, “No Comment” in response to inquiries about the suit.
In September 2010, the town and Away entered into an agreement to perform cleaning and environmental remediation services for a town-owned property. Because the work took place on public...
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