stating that a local law requiring a minimum wage higher than state law “neither prohibits what the [s]tate statute affirmatively permits nor permits what it prohibits” and that minimum wage acts are prohibitory, not permissive, such that a local law imposing higher standards is not inconsistent with state law (emphasis added)
How later courts described this case
- stating that a local law requiring a minimum wage higher than state law “neither prohibits what the [s]tate statute affirmatively permits nor permits what it prohibits” and that minimum wage acts are prohibitory, not permissive, such that a local law imposing higher standards is not inconsistent with state law (emphasis added)
Written by the judges who cited it.
The opinion
In each action: Judgment affirmed, without costs, upon the opinion (17 A D 2d 327) in the Appellate Division.
Concur: Chief Judge Desmond and Judges Van Voorhis, Burke and Foster. Judges Dye, Fuld and Scileppi dissent and vote to reverse; Judge Dye in an opinion in which Judges Fuld and Scileppi concur and Judge Fuld in a separate opinion in which Judges Dye and Scileppi concur.