Carver v. State

In 1993, Petitioner began receiving public assistance from the City of New York. At that time, the City required that Petitioner work thirty-five hours per week in the Work Experience Program (WEP). In 2000, Petitioner left the WEP, and his benefits were terminated. In 2007, Petitioner won $10,000 in the New York State lottery. The New York State Division of Lottery and the New York State Office of Temporary Disability Assistance (OTDA) invoked N.Y. Soc Serv. Law 131-r, which authorizes the State to appropriate half of any lottery prize to reimburse itself to public assistance benefits paid to the prizewinner during the previous ten years. Petitioner filed this N.Y. C.P.L.R. 78 proceeding alleging that were OTDA permitted to recoup a portion of the benefits paid to him through section 131-r, then he would be paid less than minimum wage in violation of the Fair Labor Standards Act (FLSA). Supreme Court ultimately granted Petitioner’s petition against OTDA and its Commissioner. The Court of Appeals affirmed, holding that Petitioner was entitled to minimum wage for his hours worked as a participant in the WEP program, and the State could not retroactively deprive him of a minimum wage by recouping the funds through his lottery prize. View "Carver v. State" on Justia Law