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Wage and Hour › Private Right of Action › New York

Tarter Krinsky & Drogin LLP

The New York Frequency of Pay Controversy Heats Up

Tarter Krinsky & Drogin LLP on

In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more

Fisher Phillips

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

Fisher Phillips on

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more

Polsinelli

New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

Polsinelli on

New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

Epstein Becker & Green on

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

Mintz - Employment Viewpoints on

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

Constangy, Brooks, Smith & Prophete, LLP on

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

Littler

New York Frequency of Pay Update: Governor Proposes Legislation and Second Department Finds No Private Right of Action for New...

Littler on

New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis.  New York State’s Department of...more

Proskauer - Law and the Workplace

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

Proskauer - Law and the Workplace on

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 119: Potential New York City Paid Sick Leave Private Right of Action Looms

Seyfarth Shaw LLP on

On December 20, 2023, the New York City Council passed legislation that would create a private right of action to enforce the Earned Safe and Sick Time Act ("ESSTA")....more

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