Photo: alswart/adobe stockFive Years After Vega Much Remains Unsettled in Pay Frequency Litigation
The author states "Can New York employees – who were paid all wages due on a biweekly pay schedule – state a claim against their employer for violating the pay frequency provisions of §191 of the New York Labor Law? Well, it depends on who you ask – or, more accurately, where the plaintiff can file suit."
January 28, 2025 at 10:00 AM
7 minute read
Can New York employees—who were paid all wages due on a biweekly pay schedule—state a claim against their employer for violating the pay frequency provisions of §191 of the New York Labor Law? Well, it depends on who you ask—or, more accurately, where the plaintiff can file suit.
Five years ago, the Appellate Division, First Department shook the bedrock of New York employment law world with its ruling in Vega v. CM & Assocs. Constr. Mgt., LLC. The First Department held that an alleged “manual worker” who was paid all wages due, but on a biweekly (rather than weekly) basis, could assert a pay frequency claim.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Impact of New NYS Workers’ Compensation Work-Related Stress Relief on Discrimination Claims
Storefront Pro Bono: Proposal for Modest Law Firm Commitment to Provide Direct Legal Services
22 minute read
Recent Developments Regarding the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
9 minute read
Trending Stories
- 1'Reverse Robin Hood': Capital One Swarmed With Class Actions Alleging Theft of Influencer Commissions in January
- 2Hawaii wildfire victims spared from testifying after last-minute deal over $4B settlement
- 3How We Won It: Latham Secures Back-to-Back ITC Patent Wins for California Companies
- 4Meta agrees to pay $25 million to settle lawsuit from Trump after Jan. 6 suspension
- 5Stevens & Lee Hires Ex-Middle District of Pennsylvania U.S. Attorney as White-Collar Co-Chair
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
